사회 초년생 울리는 직장 내 괴롭힘...대응 방법은? / YTN

■ Host: Anchor Seong Moon-gyu, Anchor Yoon Bo-ri ■ Guest: Attorney Kim Seong-su The text below may differ from the actual broadcast. Please check the broadcast for more accurate information. When quoting, please cite [YTN News Wide]. [Anchor] Attorney, I have some questions regarding the late Oyoanna. There are allegations that she passed away due to workplace bullying. I understand that the Labor Standards Act includes a provision prohibiting workplace bullying. What does this entail? [Kim Seong-su] This provision prohibiting workplace bullying was added to the Labor Standards Act in 2019. To explain, Article 72-2 stipulates the principle of prohibiting bullying, and Article 76-3 stipulates the measures companies must take in the event of bullying. Article 93 explicitly stipulates that harassment-related regulations must be included in the employment regulations. Article 109 allows employees to report harassment to the company, even if it occurs. If an employee complains about the harassment and the company punishes them unfavorably for reporting it, they face criminal penalties. That's why Article 109 provides this provision. Article 116 also stipulates that employers can impose fines for directly harassing employees. These new regulations are currently in effect, aimed at preventing workplace harassment. [Anchor] But Oyoanna was a freelancer. Are freelancers, public servants, contract workers, or part-time workers, as in this case, protected from workplace harassment? [Kim Seong-su] Contract workers are generally considered business owners, so they may not be considered employees. However, determining whether someone is actually an employee within the workplace isn't solely determined by the form of the contract. The determination of whether the person is an employee is based on factors such as the specific instructions they received from the company, such as whether they are required to arrive at work at a specific time. Therefore, these factors should also be considered. Even if the Labor Standards Act doesn't apply to a worker within the workplace, they still have rights to seek redress under criminal or civil law. Therefore, it's important to understand these aspects. [Anchor] Newcomers and freelancers may worry that reporting harm will inevitably lead to disadvantages. [Kim Seong-soo] As I mentioned earlier, if someone is recognized as an employee within the workplace, there are provisions in the Labor Standards Act that allow for criminal punishment. Therefore, there are ways to enforce these provisions to avoid unfavorable punishment. Even if the Labor Standards Act doesn't apply, the unfavorable treatment itself can be subject to civil liability for damages. If the company fired me simply for raising an issue about my perceived unfavorable treatment, I'd say that this could be considered a violation of the law, which could lead to damages. Therefore, a civil claim for damages is possible. [Anchor] However, it's said that small businesses with five or fewer employees fall into a blind spot under the Workplace Bullying Prevention Act. [Kim... (omitted) ▶ Original article: https://www.ytn.co.kr/_ln/0103_202502... ▶ Report: https://mj.ytn.co.kr/mj/mj_write.php ▣ Subscribe to YTN YouTube Channel: http://goo.gl/Ytb5SZ ⓒ YTN. Unauthorized reproduction, redistribution, and use of AI data are prohibited.