성적괴롭힘(성희롱)관련 법적 쟁점

Abstract

The Equal Employment Opportunity Act, the Gender Equality Basic Law, and the National Human Rights Commission Act have been endeavoring to solve the problems that have arisen steadily over the past two decades. Nevertheless, there are many issues with the laws. First, sexual harassment tends to be considered small or light, unlike sexual violence. Based on the legal definition of sexual harassment, sexual harassment is viewed as a problem of a particular woman who is sensitive to sexual sensitivity. The laws also do not include customers, self-employed, and business-related people to the scope of sexual harassment parties. In addition, the sexual harassment prevention education shows problems in that some leaders did not join in the education and that types of education are not effective. There are problems such that the offenders are not disciplined properly. In this regard, I suggest changing the legal definition of sexual harassment from victim-centered to offender-centered. Also it is necessary to amend the article including clients, self-employed, and business-related people in the category of sexual harassment parties and to enact the articles for punishing offenders and punitive damages for realizing discipline. In addition, the victims’ right to claim for leave of absence and the right to veto work should be newly established. The articles of the laws should be amended to include gender sensitivity and second damage in the sexual harassment prevention education contents.