직장 내 성희롱 예방교육 실효성 제고 및 법정 의무교육 통합운영에 관한 연구

국문 초록 (Abstract)

1. 연구 목적 및 필요성
성희롱 예방교육의 실시를 규정한 남녀고용평등법과 그 시행령에서는 연 1회 이상의
예방교육 실시 등 횟수와 내용, 방식에 대해서도 규정한다. 그러나 예방교육의 가장 중
요한 요소인 강사의 위촉과 자격 등에 대한 규정이 부재하고, 타 교육과의 병행이나 상
품판촉과의 결합으로 인한 교육의 수준 저하를 관리감독할 근거가 부재하다.
이에 이 연구에서는 민간기업 성희롱 예방교육의 실태
를 조사, 분석하고 예방교육의 실효성 제고 및 법정 의무교육의 원활한 운영을 위한 제
도개선 방안을 도출하는 것을 목적으로 한다.

Ⅱ. 성희롱 예방교육 관련 법?제도 현황
1. 「남녀고용평등법」에 따른 성희롱 예방교육 관리
가. 예방교육의 방식
○ 예방교육의 방식 중 가장 효과성이 떨어지는 것은 자료 게시, 배포인데(황정임 외, 2018)
10인 미만 사업장이나 모두 하나의 성으로 구성된 사업장에 대하여 허용되는 방법임. 동
성 간 성희롱도 이 법의 적용대상이고 심각한 불법행위라는 점, 10인 미만의 영세사업장
에 근무하는 취약계층 근로자들이 성희롱 피해를 구제받을 절차 등에 대한 정보 접근권이
약한 것은 불합리하다는 점, 예방교육을 의무화한 미국의 캘리포니아나 코네티컷주는 5인
또는 3인 이상 사업장을 대상으로 한다는 점 등을 고려하면 개선이 필요함. 그러나 10인
미만 사업장의 이직률이 높아서 영세사업주가 매번 예방교육을 실시할 여력이 어렵다는
점, 상시적인 인력부족으로 인하여 예방교육을 진행할 시간이 부족한 점 등의 현실적 어려
움도 간과될 수 없음. 따라서 10인 미만 사업장 및 동성으로 구성된 사업장에 대한 교육방
법 관련 조항을 개정하되 영세사업장의 교육 실시를 지원하는 정책적 보완과 병행되어야
할 것임. 10인 미만 사업장의 무료강사지원사업 신청을 대폭 높이도록 사업을 운영하는 방
안, 건설업 현장 근로자가 4시간의 기초안전보건교육을 이수하면 현장을 옮겨다녀도 새로
이 교육을 받을 필요가 없듯이 10인 미만 사업장의 경우 근로자가 개별적으로 온?오프라
인 무료교육을 받고 이수증을 사업장에 제출하도록 하는 방안 등이 고려될 수 있음
나. 예방교육 기관
○ 현행 성희롱 지정예방교육기관 제도는 이 기관에 소속된 강사가 실시한 교육만을 인정하는
방식이 아님. 이로 인하여 예방교육기관이 지정예방교육기관으로 등록할 실익이 없으며
기업도 이 기관 소속의 강사로부터 교육을 받아야 할 유인이 없음.

다. 예방교육 강사
○ 장애인인식개선교육도 승인강사양정과정을 운영하고 있는데, 법문은 남녀고용평등법과
거의 유사함. 그러나 장애인고용공단은 공단 승인 강사양성과정을 거친 강사의 교육만 인
정한다고 법령을 해석하여 적용한다는 점에서 차이가 있음

라. 온라인교육
○ 남녀고용평등법령은 온라인교육 방식에 대해 별다른 규율을 하지 않음. 안전보건교
육에서는 온라인교육 관련하여 강사의 자격, 방식 등에 대한 규정을 두고 있음. 장
애인인식개선교육에서는 별다른 규정을 두지 않는데, 장애인고용공단에서 인식개선
교육 초기부터 온라인 교육을 제공하고 있기 때문에 관련 교육시장에서 갖는 영향
력이 클 것으로 보임.


3. 다른 법정의무 교육과의 비교
가. 직장 내 장애인인식개선교육
○ 직장 내 장애인 인식개선 교육 강사는 한국장애인고용공단이 실시하는 강사 양성 교육 과
정을 수료한 강사를 말함(「장애인고용법 시행규칙」 제4조의4제2항). 수료 기준은 과정별
진도?출석률 100% 및 자격평가 70점 이상으로 함(한국장애인고용공단, 2018).
○ 장애인 인식개선 교육을 위탁할 수 있는 기관은 사업주단체, 장애인복지단체, 장애인 인
식개선 교육을 포함한 장애예방, 차별금지, 장애체험교육 등의 실시를 위하여 국가 또는
지방자치단체로부터 비용의 전부 또는 일부를 지원받는 기관?법인?단체, 그 밖에 장애인
인식개선 교육 실시에 적합하다고 고용노동부장관이 인정하는 기관?법인?단체 등임(「장
애인고용법 시행규칙」 제4조의2).
○ 사업주 및 인사담당자가 직접 교육을 하는 경우에는 한국장애인고용공단에서 제공하는
표준 교육 구성안과 교안 자료를 활용해야 함. 외부강사를 초빙하여 교육을 실시할 때는
한국장애인고용공단 강사 교육 과정을 수료한 강사인지 여부를 확인해야 하며, 미인정 강
사에 의한 교육은 「장애인고용법」에 의한 직장 내 장애인 인식개선 교육으로 인정받지 못
함. 인터넷을 통하여 교육을 실시하는 경우에는 구성 단위별 진도 체크, 교육 내용에 대
한 테스트(확인), 궁금증에 대한 질의?응답 등 피교육자에게 교육 내용이 제대로 전달되
었는지 여부를 확인할 수 있는 기능을 구비해야 함.
○ 강사나 위탁교육기관은 공단의 인식개선교육 포털에서 교육실적을 입력하고 이 데이터를
바탕으로 공단은 일정 정도 교육 실시 현황을 파악하는 것이 가능함.

나. 안전보건교육
○ 외부강사의 자격도 성희롱예방교육에 비하여 엄격한 기준을 설정하며, 안전보건교육기관
소속 강사가 아닐 경우 교육 실시로 인정되지 않음.
○ 안전보건교육기관으로 등록하려는 자는 법인 또는 산업 안전?보건 관련 학과가 있는 「고
등교육법」 제2조에 따른 학교로서 인력?시설 및 장비 등을 갖추어야 하고, 강사는 관련
자격증 내지 학력을 보유하고 일정기간의 실무경험이 있어야 함.


Ⅳ. 성희롱 예방교육의 실태
- 내부강사 중 67.3%는 성희롱 관련 업무담당자이거나 인사노무담당자였음. 내부강사가
예방교육강사로서 훈련을 받았다고 응답한 비율은 19%에 불과하였음.
- 외부강사의 소속을 질문한 결과, 고용노동부 지정예방교육기관 소속 강사였다는 응답
이 28.3%로 나타났는데, 예방교육강사나 업무담당자 대상 FGI에서 확인한 실태와는
괴리되는 결과임. 외부강사를 이용한 기업은 외부강사의 소속이나 자격 종류에 대해
모른다는 응답이 40.7%를 차지하여 큰 관심이 없는 실태를 보여줌. 그러나 강사 섭외
시 고려사항으로 소속기관의 공신력을 본다는 응답이 가장 높아서 예방교육기관을 기
준으로 강사를 섭외한다고 할 수 있음. 소규모 사업체일수록 비용, 타 법정교육과 병행
할 수 있는지에 대한 고려의 순위가 높았음
- 무료강사지원사업에 대한 인지도는 61.3%로 나타났는데, 100인 미만 기업에서 53~59%
로 상당히 낮게 나타났음. 영세소규모 기업에 대한 홍보를 강화할 필요성이 있음

Ⅵ. 정책 제언
○ 현행 예방교육이 지향해야 할 개선방향은 ⅰ) 예방교육 미실시 사업장을 줄이고 ⅱ) 입법
자가 기대한 정도로 성희롱 예방에 기여할 수 있는 일정 수준의 교육이 제공되도록 하는
것 iii) 실효성 있는 예방교육 확산을 위하여 정부의 지원 서비스를 강화하는 것임. 예방
교육 실시 여부에 대한 근로감독, 지정예방교육기관 및 승인강사양성과정 운영을 넘어서
는 보다 적극적인 지원정책이 필요함.
○ 이 장에서 제안하는 개선안을 실시하기 위해서는 이를 전담할 운영주체가 필요한데, 현재
고용노동부 여성고용정책과 인력과 예산으로는 사실상 불가능하다. 기업에서 강력하게
요구하는 예방교육 콘텐츠의 지속적이고 신속한 생산, 지정예방교육기관 및 승인강사과
정 등을 관리할 주체가 부재한 상황인 것이다. 성희롱예방교육의 확산, 효과성 제고를 위
한 별도의 사업과 예산을 배정하고, 이를 실행할 주체(노사발전재단 위탁 등의 방식)가 필
요하다. 이를 위한 근거 조항(“국가는 사업주가 효과적인 성희롱 예방교육을 실시할 수
있도록 관련 교육자료를 생산하고 필요한 지원을 해야 한다”)을 남녀고용평등법 제13조
제5항으로 신설할 필요가 있다.
○ 고용노동부 산하 노동교육원이나 노사발전재단에 사업을 위탁하여 다양한 콘텐츠를 생산,
평가, 개선, 배포하는 주체로 세워야 함.
○ 이번 조사에서도 상품판매 목적 예방교육은 7.4%이고, 특히 소규모사업장일수록 그 비율
이 높아져 24%에 달하였음. 50인 미만 사업장이 사업체의 다수를 차지하는 상황에서 결
코 간과할 수 없는 현상임. 집체교육 방식 중 예방교육의 효과에 대한 평가도 가장 낮고,
업무담당자 면접에서도 “거의 매일 팩스로 홍보가 들어온다”는 평가가 나왔음. 인터넷을
통해서도 홍보와 병행한 무료교육 신청이 어렵지 않게 검색됨. 따라서 상품판매 홍보 방
식으로 교육을 받은 사업주에게 과태료를 부과하고, 홍보와 병행한 무료교육에 대한 단속
방침을 적극 홍보하고 집중 단속을 실시할 필요가 있음.

목차 (Table of Contents)

• 목 차
• Ⅰ. 서 론 ··················································································································1
• 1. 연구 목적 및 필요성 ·································································································3
• 2. 연구내용 ·····················································································································4
• 3. 연구방법 ·····················································································································6
• 4. 기대효과 및 활용방안 ·······························································································7
• Ⅱ. 선행연구 검토: 성희롱 예방교육의 효과를 중심으로 ······································9
• 1. 예방교육 실시 현황 ·································································································11
• 2. 예방교육의 효과 ······································································································16
• 가. 국내 선행연구 ···································································································16
• 나. 해외 선행연구 ···································································································18
• 다. 시사점 ···············································································································25
• Ⅲ. 성희롱 예방교육 관련 법?제도 현황 ······························································27
• 1. 「남녀고용평등법」에 따른 성희롱 예방교육 관리 ···················································29
• 가. 연혁 ···················································································································29
• 나. 예방교육의 의의 ································································································29
• 다. 예방교육의 내용?방식 ·······················································································30
• 라. 예방교육 기관 ···································································································34
• 마. 예방교육 강사 ···································································································41
• 바. 온라인교육 ·········································································································55
• 사. 예방교육 관련 법개정안 검토 ···········································································55
• 2. 「양성평등기본법」등에 따른 성희롱 예방교육 관리 ················································57
• 가. 통합폭력예방교육 개관 ·····················································································57
• 나. 통합폭력예방교육 강사과정 운영 법적 근거 ····················································57
• 다. 폭력예방교육 강사 과정 운영 목적 ··································································58
• 라. 폭력예방교육 전문강사 운영체계 ·····································································58
• 마. 온라인교육 ·········································································································60
• 3. 다른 법정의무 교육과의 비교 ·················································································65
• 가. 직장 내 장애인 인식개선 교육 ·········································································65
• 나. 안전보건교육 ·····································································································77
• 다. 소결 ···················································································································80
• Ⅳ. 성희롱 예방교육의 실태 ··················································································83
• 1. 선행조사 데이터의 재분석 ······················································································85
• 2. 실태조사 ··················································································································99
• 가. 표본설계 ············································································································99
• 나. 조사내용 ··········································································································102
• 다. 소결 ·················································································································173
• 3. FGI조사 ·················································································································173
• Ⅴ. 해외의 예방교육 정책 ···················································································179
• 1. 미국 ·······················································································································183
• 가. EEOC교육센타 ································································································182
• 나. 캘리포니아주의 법정의무교육 ·········································································183
• 2. 캐나다 온타리오주 ·································································································187
• 3. 호주 ·······················································································································188
• 4. 시사점 ····················································································································189
• Ⅵ. 정책 제언 ·······································································································191
• 1. 성희롱예방교육 관련 사업의 운영 주체 수립 필요 ·············································197
• 2. 강사의 자격 ···········································································································198
• 3. 강사의 양성 ···········································································································199
• 가. 승인강사양성과정의 확대?강화 ·······································································199
• 나. 성희롱예방 강사 프로그램 운영을 위한 훈련시장 활성화 ····························200
• 다. 내부강사 ··········································································································203
• 4. 콘텐츠 관리 ···········································································································204
• 가. 국가의 콘텐츠 제공의무 ·················································································204
• 나. 온라인 교육의 중요성 증가 ············································································204
• 다. 성희롱 예방교육 포털 운영 ············································································206
• 5. 사각지대 해소 ········································································································207
• 6. 형식화 문제 개선 ··································································································207
• 가. 상품판매 홍보 방식에 대한 단속 강화 ··························································207
• 나. 회의석상 언급이나 자료배포 게시로 갈음하는 경우의 문제 ·························208
• 다. 경영진, 임원, 관리자 대상 교육 강화 ···························································208
• 라. 타법정의무교육과의 병행 ················································································210
• 7. 지정 예방교육기관 ·································································································210
• 8. 예방교육 현황 파악 및 체계적 조사, 연구 실시 ·················································211
• ? 참고문헌 ··········································································································213
• ? 부 록 ···············································································································217
• [부록] 설문지 ··············································································································219