직장내 성희롱과 민사책임

The workplace sexual harassment and liability under civil law

If sexual harassment occurs to employee, the employee suffers a great damage. So the best way is to prevent sexual harassment previously. Nontheless the measures for the prevention of sexual harassment is taken, once sexual harassment happens,all the relief steps should be considered. Especiallyfor responsibility under the civil lawwe need to explain the concept of sexual harassment, the its nature and requisite for sexual harassment. The type of sexual harassment is divided into quid pro quo sexual harassment and environment. From viewpoint of subject third-party sexual harassment is added. The nature of sexual harassment is humiliation or offense based on the human dignity and the right to work. The nature of sexual harassment is connected to the type of damage and the fulfillment of sexual harassment is related to the judge of unlawful act on the requirement of compensation for damage under civil law, article 750. If employer does sexual harassment directly to employee, employer shall be liable to make compensation for damage by torts and non-performance of obligation. If employee does sexual harassment, he shall be liable to make compensation for damage by torts. the employer may be bound to take employer`s liability for damages. If the employer had foreseen or could have foreseen such occurrence of sexual harassment. he is responsible fornon-performance of obligation. The case in te Seoul District Court also accepted this liability of non-performance of obligation. Above all, for sexual harassment usually occurs to women, men should treat women as the human dignity to prevent sexual harassment.