The Study of Applications and Issues of Laws Related to Sexual Harassment Prevention in Employment for Practices

• Main Authors: YANG,SHU-YUN, 楊淑雲
• Other Authors: CHANG,YU-JUNG
• Format: Others
• Language: zh-TW
• Published: 2017
• Online Access: http://ndltd.ncl.edu.tw/handle/17340351977744394320

碩士 === 國立高雄大學 === 法律學系碩士班 === 105 === 　The author of this article works at Labor Affairs Bureau of Kaohsiung City Government, responsible for the professional work of Act of Gender Equality in Employment so as to have the work experience of accepting the complaints of sexual harassment in employment. The complainants often complain that the main purpose of proposing complaints is to expect the law can punish perpetrators, instead of employers’ disregard or misconduct. However, under the application results of the current Sexual Harassment Prevention Act, the infringing of the perpetrator is often overlooked but the employer, who is not the perpetrator, is punished, which is contrary to the complainant’s expectation. In this article, whether it is possible to make the perpetrator be accountable with administrative responsibility through different legal interpretations based on the current law. 　According to the current regulations related to sexual harassment prevention act in employment, the employer is compulsory to deal with occupational harassment events in precautions beforehand and clever handling afterwards. The intention that the country wants to protect labors is good, but according to gender statistics of the Ministry of Labor, this legal system seems to be unable to effectively choke the occurrence of occupational harassment. As a result, the heavy penalty system that the country endows the sexual harassment prevention obligation of employers seems to be corrective and discussed. In this article, the law nature of employers’ sexual harassment prevention obligation is explored and the disadvantages and amendment recommendations of this legal mechanism are explained. 　According to the present legal system of three acts of sexual harassment, in the same sexual harassment behavior, different behavior places will lead to different legal applications and effects. In this article, the unreasonable points of current law applications are described for practical cases. Among the behavior conditions of occupational harassment, if the perpetrator kisses, embraces, or touches the victim’s buttock, chest, or other physical privacy places by the condition that the victim cannot resist, it should return to the regulations of the improper touch crime in §25 Prevention of Sexual Harassment Act. Therefore, in this article, practical cases are further collected to explore the distinction standard between the improper touch crime in §25 Prevention of Sexual Harassment Act and Compulsory Indecency Crime in Criminal Code of the Republic of China. Simultaneously, whether the definitions of the current laws related to occupational sexual harassment prevention is enough to regulate the currently common sexual harassment conditions and the opinions of the definitions of sexual harassment in practices and doctrines are explored.