earticle

영어

In Korea, for victims of sexual harassment who are looking for remedy, different laws require people to file claims through different bodies. In the event of a violation of the Gender Equality Act, including disciplinary measures of employers against perpetrators or actors under the Equal Employment Act, the complaint should be filed with the Ministry of Employment and Labor; in the case of violation of the National Human Rights Commission Act, it should be filed with the National Human Rights Commission. At the same time, it is also possible to file a lawsuit in the court. However, administrative remedies for victims of sexual harassment are largely possible in two ways. First, there are administrative remedies reached through recommendations or mediation through the National Human Rights Commission. Second, the Ministry of Employment and Labor can enforce penalty against employers for violating mandatory provisions; however this does not provide direct remedy to the victim, but rather sees punishment of the employer who is legally liable for the offense. This study examines Korea's legal system and limitations on remedies for victims of sexual harassment. It also looks at the Canadian system in order to provide recommendations for the Korean system.