What an employer must do when workplace harassment is reported — the duty to investigate and protection for reporters
"Isn't this just how workplaces are?" — and months go by. The Labor Standards Act sets out in statute what workplace harassment is, what an employer must do once it is reported, and what happens if a person is treated badly for reporting it. Knowing that structure before deciding to report is what makes a response possible.
The legal definition requires three elements at once
Article 76-2 of the Labor Standards Act defines workplace harassment as conduct that ①uses a superior position or relationship at work ②goes beyond the reasonable scope of work and ③causes physical or mental suffering to another worker or worsens the working environment.
All three must be met. A manager's criticism may not qualify if it stayed within what the work required, while conduct between colleagues can qualify where a group excludes one person, since that establishes relational superiority. A junior colleague can also be the perpetrator.
Anyone may report it
Article 76-3 provides that "any person who becomes aware of the occurrence of workplace harassment may report it to the employer." Reporting is not limited to the victim: a colleague who witnessed it may report, and so may a third party outside the company.
In practice this clause is used where the victim finds it hard to come forward. Since a process that runs against the victim's wishes can make things worse, however, talking to them first is the right order.
The employer must investigate "without delay and objectively"
An employer who receives a report or becomes aware of harassment must without delay conduct an objective investigation of the parties concerned to establish the facts. This is a statutory duty, not a matter of discretion.
Repeating that the matter is "under investigation" while time passes, letting the alleged perpetrator run the investigation, or telling the reporter to produce all the evidence themselves all fall short of that duty.
The victim must be protected while the investigation runs
Leaving the situation untouched until the investigation ends is also unlawful. During the investigation the employer must take appropriate measures to protect the victim, such as a change of workplace or paid leave.
One condition is attached. Measures must not be taken against the victim's wishes. Moving the victim to another team is a common "solution", and where the person does not want it, that itself becomes the problem. If harassment is confirmed, the employer must take necessary measures such as disciplinary action against the perpetrator, and must hear the victim's views beforehand.
Treating a reporter badly is a criminal offence
This is the heaviest clause. An employer must not dismiss or otherwise treat unfavourably a worker who reported harassment or the victim, and a breach carries up to three years' imprisonment or a fine of up to 30 million won under Article 109. That is criminal punishment, not an administrative fine.
"Unfavourable treatment" is not limited to dismissal. A lowered performance rating, exclusion from work, being placed on standby or being passed over for promotion after a report can all fall within it. That is why keeping records of evaluations and work assignments from before and after the report matters in practice.
Three situations that carry administrative fines
Separately from criminal punishment, there are fine provisions.
- Where the employer, or a relative of the employer working at the business, commits the harassment — a fine of up to 10 million won
- Where the duty to investigate and act is not carried out — a fine of up to 5 million won
- Where a secret learned during the investigation is disclosed against the victim's wishes — a fine of up to 5 million won
The last is the one that causes the most trouble in reality. The moment someone involved in the investigation lets the details out and the story circulates, the victim is harmed a second time, which is why the law addresses it in a separate provision.
These provisions do not apply to workplaces with fewer than five employees
This limit has to be understood. The workplace harassment provisions apply to businesses with five or more regular employees, and under the scope rules in the Enforcement Decree of the Labor Standards Act they do not apply to businesses below that threshold.
That does not leave nothing. Where an individual act amounts to a crime — assault, verbal abuse, defamation — a criminal complaint is possible, and a civil claim for damages in tort is another route. Neither depends on the size of the business.
What to prepare before reporting
What decides the outcome in practice is records. Write down, on the day, when and where it happened, who did what and said what, and who else was present. Screenshots of messages and emails, records of work instructions and medical records all become evidence in an investigation.
If internal procedures do not work, you can consult the Ministry of Employment and Labor customer centre (1350) or file a complaint with the local labour office. Since the relationship with the employer may end in a departure, it is safer to check which reasons for leaving qualify for unemployment benefit in advance, and if wages are outstanding, the claim periods for substitute payment are already running. Settling remaining annual leave and unused-leave pay at the same time prevents disputes later.
This article explains the system and does not replace legal advice on an individual case. For specific judgements, consult a labour attorney or lawyer, or the Ministry of Employment and Labor.
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