How to Take Legitimate Measures against Workplace Harassment

Workplace harassment appears in various forms. In Korea, typical types of workplace bullying entail verbal and psychological harassment, mostly in relation to hierarchy and pyramidal top-down structure deeply engraved in the culture.

It is important to understand workplace harassment primarily in order to shun hostile work environments, which are in general detrimental to sustainability and long-term revenue. For companies operating in Korea, workplace harassment requires something beyond simple understanding; it is necessary to comply with legal procedures in accordance with relevant regulations.

The Labor Standards Act regulates several duties of a company in cases of workplace harassment. First, a company is legally obliged to take immediate investigation into workplace harassment when it is reported or recognized.

Second, where the occurrence of workplace harassment is verified as a result of investigation, a company should take appropriate measures for victim, such as transferring the place of work or giving a paid leave of absence upon his or her request. A company is also required to promptly take possible disciplinary measures against harasser.

Third, anyone who has been engaged in the investigation process is highly committed to the confidentiality, except for when necessary information is provided to the regulatory authorities.

Failure to comply with such obligations results in a fine of not more than 5 million won (equivalent to 3,950 USD) to the company.

On top of that, a company may risk serious compliance and HR issue if they ignore to respond in an inappropriate way. For example, Korean IT giant underwent harsh experience with workplace harassment by a key executive, disregarding internal reports. After the victim committed suicide, the company was involved in the Labor Union’s requests, nationwide boycott and a special labor supervision by the Ministry of Employment and Labor, ended up with voluntary resignation of the offender.

Should there be any event of workplace harassment, please contact InterLEX with the extensive experience in internal investigation at identifying facts and evidence in accordance with legal requirements to assist you in various regards.