직장 내 괴롭힘의 사후 구제제도 및 개선 방안에 관한 연구

Abstract

The social awareness of workplace bullying and harassment to prevent and eradicate it is rising according to enforced workplace harassment bans, such as the Labor Standard Act, amended in July 2019. However, there is no legal basis for the post-relief system and procedure for bullying and harassment damages in current laws that regulate workplace harassment, such as the Labor Standard Act. Since the enforcement of the law, many studies have emphasized the proactive prevention of workplace harassment. However, problems related to workplace harassment have continued to arise since the enforcement of the workplace harassment ban. Consequently, the need is increasing for the post-relief of victims due to workplace harassment.BR Basically, workplaces autonomously render their judgments, responses, and actions regarding workplace bullying and harassment. However, if the dissatisfied party files a lawsuit in a judicial institution, quick relief and restoration should be provided to the victim by first preparing a post-judgment and remedial procedure in the administrative agency considering the money and time required for litigation. This will become an important issue in the workplace harassment ban system.BR Correspondingly, this work examined the cases of Japan and Australia. Both countries’ legal systems regulate workplace harassment and a relief system. In Japan, workplace harassment is regulated under the Act on Comprehensively Advancing Labor Measures, Stabilizing the Employment of Workers, and Enriching Workers’ Vocational Lives. Furthermore, victims can receive post-relief through mediation from regional labor bureaus and regional labor relations commissions under the Act on Promoting the Resolution of Individual Labor-Related Disputes. Workplace bullying is also regulated in Australia under the Fair Labor Standards Act, and victims can seek post-relief through arbitration by the Fair Labor Commission.BR Hence, the relief system and procedures for workplace harassment must be legislated. Moreover, the administrative relief system should be improved so that post-relief from workplace harassment can be achieved through administrative agencies, such as the Labor Relations Commission. In addition, it will be crucial for local employment and labor offices and labor inspectors to strengthen and reconsider their roles in redressing the damages caused by workplace harassment.