1. The Relationship between labor law, employment relationships, and respect for human rights El-lim Kim, Bongsoo Jung, Yonggeun Choi, 「Labor Protection Law」 (revised edition in 2020), January 2020, Korea National Open University Press, pp. 5-7, pp. 307-308.


Labor law is a legal framework that regulates the relationship between workers and employers in capitalist societies. It encompasses norms governing employment, working conditions, and labor-management relations, with the aim of guaranteeing a dignified life for workers, who are economically and socially vulnerable, and promoting industrial peace and balanced development of the national economy.
The rights and obligations between workers and employers, known collectively as the labor-management relationship, are established through the labor contract, which the Labor Standards Act defines as "a contract concluded for the purpose of a worker providing labor to an employer, and the employer paying wages in return" (Article 2, paragraph 1, clause 4). Therefore, the labor relationship is fundamentally based on the worker's obligation to provide labor and the right to claim wages, as well as the employer's right to receive labor and the obligation to pay wages.
In a capitalist society, workers provide labor in exchange for wages to support themselves and their families and to sustain their economic and social lives. In reality, job opportunities are limited, making it quite challenging for individuals seeking employment to secure positions in their desired locations. Moreover, once employed, workers are not able to autonomously provide their labor, but rather must comply with the employer's directives based on the rights of business operation and personnel management. A worker who violates the employer's directives may face contract termination or disciplinary actions such as dismissal. Consequently, in a capitalist society, workers find themselves in a position of dependency and subordination to employers, lacking equal standing. As a result, ensuring the legitimacy, legality, appropriateness of the employer's directives, as well as safeguarding the rights of workers such as freedom and equality, becomes a fundamental and essential issue in regulating the labor relationship.

2. The meaning of human rights and international guarantees Kim, El-rim. "Gender Equality and the Law" (2022 Revised Edition), KNOUPRESS (Korea National Open University Press), 2022, pp. 33-48; Kim, El-rim, "Sexual Harassment: Law and Dispute Resolution Cases," Episteme, 2023, pp. 110-112.

(1) The meaning of human rights
Every person possesses inherent dignity, worth, freedom, and rights, known as human rights. Human rights are characterized by their natural quality applicable to all individuals regardless of their status, location, or circumstances and inviolability, requiring respect and prohibiting infringement under any situation or by anyone.

(2) International trends in ensuring human rights
The United Nations (UN), an international organization joined by nearly all countries worldwide, enunciates the attributes of these human rights, establishes international norms to guarantee and promote their realization, and urges member states to implement these norms. The International Labour Organization (ILO), a specialized agency of the UN, develops international standards concerning actions to be taken by governments and employers to ensure the protection of workers' human rights and to enable them to live dignified lives in work and social security. The ILO also urges member countries to implement these standards. Among the international norms (treaties, declarations, recommendations, codes of conduct, etc.) adopted by the UN and the ILO, there are norms that guarantee the human rights of workers, focusing on eliminating discrimination and violence. Norms aimed at eliminating discrimination include the UN's Universal Declaration of Human Rights, the International Covenant on Economic, Social and Cultural Rights, the International Covenant on Civil and Political Rights, the Convention on the Elimination of All Forms of Discrimination Against Women, and the International Convention on the Elimination of All Forms of Racial Discrimination. The ILO's international standards include the Equal Remuneration Convention (No. 100), the Discrimination (Employment and Occupation) Convention (No. 111), and the Maternity Protection Convention (No. 183), which address equal pay for work of equal value, discrimination in employment, and equal opportunities and treatment for male and female workers with family responsibilities, respectively. Norms aimed at eliminating violence include the UN's Declaration on the Elimination of Violence Against Women, which was unanimously adopted by the UN General Assembly on December 12, 1993, and the ILO's Convention concerning the Elimination of Violence and Harassment in the World of Work (Convention No. 190), adopted at the ILO Centenary International Labour Conference on June 21, 2019.
However, until the mid-1980s, the focus of the UN and ILO was primarily on eliminating discrimination. It was in 1985 when they first explicitly addressed sexual harassment and sexual and other forms of violence as human rights issues and called for their eradication. The substantial development of norms specifically targeting violence began in the 1990s. The UN's Declaration on the Elimination of Violence Against Women stated that "violence against women, including sexual harassment, sexual violence, domestic violence, and prostitution, is a form of discrimination against women as it deepens their subordinate status and violates their human rights as defined in the Convention on the Elimination of All Forms of Discrimination Against Women." When member countries submit national reports on their implementation of the Convention on the Elimination of All Forms of Discrimination Against Women to the UN, they are required to include measures to eliminate violence against women. This declaration, especially regarding sexual harassment, garnered global attention. Sexual harassment is defined as unwelcome behavior or demands of a sexual nature from someone using their position or in relation to work, which causes mental or physical harm, infringes upon human rights, and leads to work-related harm or damage to the victim. Here, sexual harassment primarily targets women.
The ILO recognizes that workplace sexual harassment not only violates the rights of workers but also undermines their motivation, performance, productivity, and creates a hostile and uncomfortable work environment, and that it also adversely affects both the workplace and its employees. Therefore, the ILO strongly urges governments and employers to develop measures to address these issues. Since the 2000s, the ILO has issued warnings about the pervasive nature of human rights violations, including workplace violence and harassment, and has begun developing strategies to tackle them. The culmination of these efforts is reflected in the International Convention on the Elimination of Violence and Harassment in the World of Work (Convention No. 190) and the Violence and Harassment Recommendation (No. 206).
UN and ILO have adopted various international norms to guarantee human rights by eliminating discrimination, harassment, and abuse. As a result, countries have developed and implemented legislation and policies to ensure human rights in the workplace.

3. Necessity of Ensuring Human Rights for Personal and Socio-economic Development

The international human rights norms of the UN and ILO explicitly state that guaranteeing human rights is a fundamental requirement for individuals to lead a dignified, peaceful, and fulfilling life. Moreover, they emphasize the need to create a culture and system free from discrimination, harassment, and human rights violations, which promotes the maximum development of individual abilities, encourages social participation, and maximizes human resource utilization in workplaces and society. This understanding is based on the recognition that these factors are essential for the development of workplaces, societies, and nations.
For example, the "Convention on the Elimination of All Forms of Discrimination against Women" has been ratified by 190 countries, becoming a universal international norm. The Convention explicitly states in its preamble that discrimination against women violates the principles of equality and human dignity, obstructs women's participation in political, social, economic, and cultural aspects of life on equal terms with men, hampers the well-being and development of society and families, and hinders the full development of women's potential in the service of the nation and humanity. It further emphasizes the conviction that for the complete development of nations and the well-being and peace of humanity, it is essential for women to participate as equals in all fields with men.
Similarly, ILO Convention No. 190, in its preamble, points out that violence, harassment, and sexual harassment in the world of work are grave human rights violations and threats to the development of workplaces and society. It calls for the recognition of the need to protect the rights of workers in relation to this issue.
"It recognizes the right of all individuals to be free from violence and harassment, including gender-based violence and harassment, in the world of work. It acknowledges that violence and harassment in the world of work constitute human rights violations, threats to equal opportunities, and are incompatible with decent work. It recognizes the importance of fostering a culture of respect and dignity based on mutual respect for human beings to prevent violence and harassment. Member states have a significant obligation to promote an overall environment of zero tolerance towards violence and harassment in order to prevent such acts and practices. All actors in the world of work must refrain from, prevent, and address violence and harassment.
It acknowledges that violence and harassment in the world of work impact individuals' mental, physical, and sexual well-being, dignity, family, and social environment. It also recognizes that violence and harassment have an impact on the quality of public and private services and can hinder individuals, especially women, from entering, staying, and advancing in the labor market. It highlights that violence and harassment are incompatible with the promotion of sustainable enterprises and have negative effects on job organization, workplace relations, worker participation, corporate reputation, and productivity.
It acknowledges that gender-based violence and harassment disproportionately affect women and girls. It recognizes that an inclusive, integrated, and gender-sensitive perspective that addresses underlying causes and risk factors such as gender stereotypes, intersecting and overlapping forms of discrimination, and unequal gender-based power relations is crucial in ending violence and harassment in the world of work."
In this context, "gender" refers to the perception of distinctions and differences based on sex, including male and female.
The UN and the ILO, through attempts to eliminate discrimination, violence, harassment, and abuse, have influenced the majority of countries worldwide to establish and enforce legislation and policies that guarantee human rights in the workplace.

4. Protection of workers' human rights in South Korean law and court rulings

In South Korea, various laws and policies have been established and implemented to ensure the protection of workers' human rights.

(1) Guarantee of Workers' Human Rights in the “Constitution”.
The nation's supreme law and fundamental law, the "Constitution," contains various provisions to guarantee the human rights of workers, among which the following are the most important:
1) "All citizens shall possess human dignity and value as individuals and have the right to pursue happiness. The state shall confirm and guarantee the inviolable fundamental rights of individuals." (Article 10)
2) "All citizens are equal before the law and shall not be discriminated against in political, economic, social, or cultural life on the grounds of sex, religion, or social status." (Article 11, Paragraph 1)
3) Regarding the right to work, Article 32 stipulates the following:
① "All citizens have the right to work. The state shall make efforts through social and economic measures to promote the employment of workers and guarantee appropriate wages and shall implement a minimum wage system as provided by law." (Paragraph 1)
② "The standards for working conditions shall be prescribed by law to ensure the dignity of human beings." (Paragraph 3)
③ "Women shall receive special protection in labor and shall not be subject to unfair discrimination in employment, wages, and working conditions." (Paragraph 4)
④ "Child labor shall receive special protection." (Paragraph 5)
⑤ National merit workers, disabled veterans, and families of deceased soldiers and police officers shall be given priority in employment opportunities as provided by law. (Paragraph 6)
4) Article 33 regulates the rights of collective action, known as the three labor rights (the right to organize, the right to collective bargaining, and the right to collective action):
① Workers have the right to voluntary organization, collective bargaining, and collective action for the improvement of working conditions.
② Public officials who are workers shall have the right to organization, collective bargaining, and collective action within the limits prescribed by law.
③ The right to collective action of workers engaged in major defense industries designated by law may be restricted or not recognized as provided by law.

(2) Guarantee of workers' human rights in the “Labor Standards Act”.
According to Article 32, Clause 3 of the Constitution, the representative law that establishes standards for working conditions to guarantee human dignity is the "Labor Standards Act." Since its enactment on May 10, 1953, this law has included provisions on non-discrimination, equal treatment, prohibition of forced labor, prohibition of assault, protection of civil rights exercise during working hours, and other regulations related to guaranteeing human rights in terms of working conditions and treatment of workers by employers. These provisions serve as fundamental norms that guide the direction of employment relationships and the working conditions and treatment of workers. Additionally, in accordance with Article 32, Clauses 4 and 5 of the Constitution, this law includes special protection provisions for the labor of women and minors.
Furthermore, in response to cases where workers' rights are violated and extreme choices are made due to workplace harassment, the "Labor Standards Act" introduced the "Chapter 6-2: Workplace Harassment" on January 15, 2019, to prevent such harassment within the workplace. The "Industrial Safety and Health Act" and the "Industrial Accident Compensation Insurance Act" also introduced provisions on the prohibition of workplace harassment, protection of affected workers, and measures to be taken in case of its occurrence. The "Labor Standards Act" further strengthened the protection of workers' human rights from workplace harassment through its amendment on April 13, 2021. However, unlike the provisions of the "Equal Employment Act" regarding sexual harassment in the workplace, the "Labor Standards Act" does not include provisions on the prevention of workplace bullying. This is seen as a legislative loophole.


(3) Guaranteeing Workers' Human Rights under the “Equal Employment Act”
The "Equal Employment Act" is a special law enacted to ensure the prohibition of gender discrimination and promote gender equality in a concrete manner, as stipulated in the "Constitution" and the "Labor Standards Act." This law, enacted on December 4, 1987, prohibits gender discrimination throughout all stages of employment, including recruitment, hiring, wages, benefits, education, placement, promotion, retirement, and dismissal. Specifically, it regulates equal pay for equal work to address wage discrimination based on equal value of work.
The first introduction of the concept and regulations regarding education and measures for defining and preventing workplace sexual harassment in South Korea came after a landmark Supreme Court ruling (98Na12180, announced on February 10, 1998) that addressed a lawsuit involving sexual harassment. It was on February 8, 1999, that these regulations were first incorporated into the "Equal Employment Act," making it the first time sexual harassment was recognized as a significant issue in the country. When the "Equal Employment Act" was comprehensively revised on August 4, 2001, the concept of workplace sexual harassment was further refined. It was categorized under the second section of Chapter 2, titled "Equal Opportunities and Treatment of Men and Women in Employment," specifically addressing the "Prohibition and Prevention of Sexual Harassment in the Workplace." The revised law included provisions prohibiting workplace sexual harassment, mandating prevention education, specifying actions to be taken in the event of an occurrence, and establishing sanctions for employers who engage in such behavior. Subsequently, the "Equal Employment Act" further strengthened the provisions related to workplace sexual harassment to protect victims and whistleblowers, especially in response to the sexual harassment lawsuit involving R Automobile Company. Through amendments, including those made on May 18, 2021, by the Labor Relations Commission and the Ministry of Employment and Labor, the law introduced dispute resolution provisions and enhanced protection of workers' human rights.

(4) Legal principles and Precedents on the protection of workers' rights
Workers' rights encompass the right to fair treatment and employment, the right to work without experiencing harassment or sexual harassment in the workplace while having their human rights respected, and the right to work in a safe and conducive environment that promotes good health.
The legal regulations regarding workplace harassment and sexual harassment serve as institutional mechanisms to ensure the dignity and human rights of individuals in the labor field by promoting a work environment that is friendly to human rights. Employers, who operate businesses utilizing the state and workers, have the obligation to guarantee the labor rights of their employees.
The Supreme Court, in its ruling on April 23, 1996 (Case No. 95Da6823), stated that "a worker is a human being with dignity and value, and the provision of labor by a worker in the employment relationship cannot be separated from their entire personality, considering that a worker's entire personality is being invested in the employer's workplace." It further emphasized that "unless there are special circumstances otherwise, an employer, through the conclusion of an employment contract, has a duty, based on the principle of good faith, to consider enabling the worker to realize their personality within the exercise of their authority to direct and give orders in the scope that harmonizes with the worker's rights."
Additionally, the Supreme Court, in its ruling on February 10, 1998 (Case No. 95Da39533), stated that "the employment relationship or labor relationship is a continuous creditor-debtor relationship based on personal trust. Therefore, regarding the obligation of the employee to provide labor faithfully in the employment contract, the employer, in addition to the obligation to provide remuneration, has a duty to respect and protect the employee's personality, to seek necessary measures to ensure that the employee does not suffer harm while fulfilling their obligations, and to provide a pleasant working environment, including facilities related to the employee's life, health, and well-being, thus fulfilling the duty to protect and support the employee."