현행 직장 내 괴롭힘 제도의 노동법적 쟁점과 입법정책적 과제 = A study on legislative policy improvement measures for workplace bullying system

다국어 초록 (Multilingual Abstract)

The system related to preventing ‘bullying in the workplace’ under the Labor Standards Act has revolutionized the rigid and vertical workplace culture that has persisted for a long time. Nevertheless, confusion over the identity of the workplace bullying system continues.
There are cases where the workplace bullying system is actually being abused as a means of harassing specific workers. Such problems can be said to originate from the incompleteness of the legal concept of workplace bullying. This is precisely where the need to reorganize the legal concept of workplace bullying lies. The conceptual properties of ‘bullying’ must be found in ‘persistence’ and ‘repetition.’ Furthermore, in order to apply workplace bullying regulations, a ‘bullying doctor’ is needed. When determining whether there is bullying in the workplace, it is very important to look at the reason or motive for the bullying behavior. Just because the employer's exercise of instruction rights is excessive, it should not be immediately concluded as workplace harassment.
On the other hand, the most important thing in the workplace bullying system is the prevention function. It is necessary to seek legislative improvement measures to strengthen the prevention function. Furthermore, when bullying in the workplace is confirmed, protecting personal information, confidentiality, and privacy is very important. However, the legal effects of workplace bullying should not be limited to sanctions such as disciplinary action against the offending worker. There is a need to consider imposing additional measures to change order and awareness within companies.