近年來,職場霸凌的問題漸受重視。職場霸凌雖係社會學上的名詞,但當職場霸凌行為已達違法程度時,在法律學上尚牽涉民事、刑事及行政法上責任等法律責任。為了釐清我國關於職場霸凌法制與法理之現狀及其問題點,並提出解釋論與立法論之建議,以作為今後建構完整法制之參考。為了完成此一研究,本文首先將界定職場霸凌之內涵,亦即整理文獻上關於職場霸凌之意義、類型、特徵與行為主體之介紹。其次,再以日本法為中心,分析日本相關法制與法理之特徵與問題點,並針對職場霸凌相關案例予以類型化。然後檢視我國法制與法理之特徵與問題點,並以勞動基準法第14條第1項第2款為中心,整理、分析實務案例。最後,再針對日本與我國的法制與法理進行比較,分別從解釋論與立法論之觀點,提出我國應如何建構職場霸凌法制與法理之淺見。
Workplace bullying has arouses serious concern these years. Conducts concerning workplace bullying reach the extent that it is considered illegal despite the fact that it is a sociological term, and these conducts are involved with liabilities in the law of civil, criminal and administrative. The author first defines the connotation of workplace bullying by collecting and organizing references in terms of the definition, type, characteristic, and subject-matter of the discussed phrase. This enable the author to clarify current status and the problems encountered on provisions and theories regarding workplace bullying, and to therefore further propose suggestions on both interpretation and legislation grounds. Secondly, the author emphasizes on relevant laws in Japan – analyzing what features and obstacles Japanese regulations and theories possesses, and later on categorize cases that are workplace bullying related. Thirdly, attention is shifted to the features and obstacles of Taiwan’s regulations and theories; also, the scope of research is focused on Article 14.1.2 of Labor Standard Act by means of organizing, collecting and analyzing practical cases. Finally, the author conducts a comparison on regulation and theory between Japan and Taiwan. Then the author shares her ideas on how regulation and theory on workplace bulling shall be established from both interpretation perspective and legislation perspective.