대학 내 괴롭힘 사건 대응을 위한 법제도적 개선 과제

Abstract

As a university is a community comprised of the activities of various members such as students, professors, and employees, harassment among university members appears in various and complex ways, and depending on the member, it becomes a problem as a violation of the right to study for some and a violation of labor rights for others. After the recent ban on 'harassment in the workplace' was stipulated under the Labor Standards Act, the university intends to apply the ban on workplace harassment under the Labor Standards Act in responding to harassment issues among members. However, in the case of members who are not employees, such as students, there is a hierarchy among members. Cases of harassment, such as cases where there is no relationship, are not subject to the application of current laws, causing universities to take a lukewarm response to protecting and responding to victims.
 In order for universities to actively autonomously regulate and respond to the various harassment behaviors of members that are in legal blind spots, it is necessary to first understand the concept of harassment behavior that must be ‘regulated and disciplined.’ In this regard, this study examined the concept of harassment behavior that is sought to be legally regulated through regulations prohibiting harassment in our current legal system, and also attempted to suggest problems and directions for improvement in the regulation of harassment in the current legal system.
 Meanwhile, as the Higher Education Act of 2021 mandated the establishment of human rights centers in universities, it became possible for harassment issues at universities to be treated as human rights violations through the human rights centers. However, the current scope of work of the Human Rights Center in Article 19-3, Paragraph 2 of the Higher Education Act is insufficient for the Human Rights Center to fully fulfill its functions and roles. In this regard, I also wanted to discuss the direction of legal improvement of regulations related to university human rights centers to comply with the responsibility of universities, which are higher education institutions, to create a human rights-friendly educational environment and the function of protecting victims of human rights violations.