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A Study on Tasks of Workplace Bullying Prevention Education for Protecting Personality Right
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인격권 보호를 위한 직장 내 괴롭힘 예방교육의 과제

논문 기본 정보

Type
Academic journal
Author
Choi, Hong-Ki (한국고용노동교육원)
Journal
Society of Labor Low Theory and Profession Labor Law Forum No.42 KCI Accredited Journals
Published
2024.7
Pages
95 - 137 (43page)
DOI
10.46329/LLF.2024.07.42.95

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cover
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Method
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Result
A Study on Tasks of Workplace Bullying Prevention Education for Protecting Personality Right
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Workplace bullying is an illegal act that damages right to work, right to equality, right to health, and right to environment of an worker, and it also directly violates the personality right that all workers are entitled. For these reasons, workplace bullying is actively regulated domestically and internationally. While labor-related acts and other individual acts seek legal protection and remedy for workplace bullying, it is necessary to emphasize the fact that an advanced prevention is the most important measure in reaction and remedy of the problems that violate the personality right. Once the personality or personal interest are violated, it cannot be recovered to the original state even after legal remedy is conducted afterward through labor-related acts and individual acts. Furthermore, life, body, health, etc., protected by the personality right are the right that must be protected unconditionally. Considering these points, advanced prevention is more important than the follow-up remedy.
In response, this study focused on “workplace bullying prevention education” for protection of personality right and legally examined it. The Labor Standards Act defines and prohibits workplace bullying and regulates prevention of workplace bullying through rules of employment (Article 76-2 and Article 94-11). In reality, considerable number of workplaces adopt “workplace bullying prevention education” as the means of preventing the workplace bullying through the government administrative guidance and administrate rules. After legislation of workplace bullying, the [Enforcement Rule of The Occupational Safety and Health Act] was amended on January 19, 2021, to include “matters regarding prevention and management of health hazard caused by workplace bullying, violent language of customer, etc.,” in the safety and health education (refer to Table 5 of Enforcement Rule). These arranged the legal grounds for workplace bullying prevention education.
The results are summarized as follows : The Labor Standards Act require workplace bullying prevention-related matters to be included in the rules of employment. The newly regulated and changed rules of employment shall be reminded, and the method of reminder shall be the active use of workplace bullying prevention education. It also points out an employer is responsible to respect and protect the personal interests (duty of protection) by acknowledging the personality right of the worker. Even though the workplace bullying prevention education cannot be obligated for duty of protection, prevention education may be important in determining whether the duty of protection has been violated or not. Considering this point, the workplace bullying prevention education shall be conducted more actively. In addition, the Occupational Safety and Health Act includes the matters regarding the workplace bullying prevention, and there are grounds for conducting such education for each curriculum and educational target. Still, there are still problems in educational target, education time, education content, qualification of instructors, requirements and management of educational institute. At the same time, safety and health education-related regulations have delegated legislation issues. Thus, it is necessary to take an overall renovation to conduct the workplace bullying prevention education.
Since the workplace bullying prevention education issue is fundantally the matter of personality right protection, clarifying the related legal grounds and matters and considering the legislative improvement tasks are crucial for ultimately realizing the personality right of the worker.
#노동권 #인격권 #직장 내 괴롭힘 #취업규칙 #보호의무 #안전보건교육 #예방교육 #Right to Work #Personality Right #Workplace Bullying #Rules of Employment #Duty of Protection #Safety and Health Education #Preventive Education

Contents

Ⅰ. 들어가는 말
Ⅱ. 인격권의 보호와 직장 내 괴롭힘의 예방
Ⅲ.「근로기준법」과 직장 내 괴롭힘 예방교육
Ⅳ.「산업안전보건법」과 직장 내 괴롭힘 예방교육
V. 맺음말
참고문헌
Abstract

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