Discriminated Against at Work?
Your Right to Seek a Remedy
Before the LRC
Employees in Korea who experience workplace discrimination may seek remedies through administrative bodies such as the Labor Relations Commission (LRC) or the National Human Rights Commission (NHRC), or through civil litigation.
Overview of the Legal Framework
In Korea, the legal framework governing the prohibition of employment discrimination is set out across multiple statutes. While each law defines protected characteristics according to its own scope and purpose, there is a degree of overlap among them, and the remedies available are provided under different legislative schemes.
Available Remedies and Enforcement Mechanisms
To ensure the effective enforcement of anti-discrimination protection, certain statutes impose criminal penalties and, in specific cases, establish remedial mechanisms through the Labor Relations Commission (LRC) or the National Human Rights Commission (NHRC). Employees who have suffered discriminatory treatment may seek damages by filing a civil action for tortious conduct under the Civil Act and other applicable laws.
Among the various remedies available, corrective relief through the LRC is generally regarded as the most prompt and efficient administrative mechanism. However, the scope of remedies available through the LRC is limited to cases involving discrimination against non-regular employees and sex discrimination.
● Fixed-Term, Part-Time, and Agency Employees (Non-Regular Employment Status)
Prohibition of Discrimination against Non-Regular Employees
The Act on the Protection of Fixed-Term and Part-Time Employees and the Act on the Protection of Temporary Agency Workers prohibit discrimination against fixed-term, part-time, and agency employees on the basis of non-regular employment status. While these statutes do not provide for criminal penalties, they establish a remedial mechanism through the LRC. If an employer fails to comply with a corrective order issued by the Commission, an administrative fine may be imposed.
Scope of Prohibited Discrimination and the Comparator Requirement
Discriminatory treatment is prohibited in areas including wages, bonuses, performance-based pay, and other matters concerning working conditions and employee benefits.
In determining whether discrimination has occurred, the existence of a comparator employee is required. A comparator refers to a regular employee engaged in the same or similar work at the relevant workplace. Even if the duties are not completely identical, the work will be regarded as the same or similar if there is no substantive difference in the nature of the work based on the principal duties performed.
Reasonable Justification
Even where differential treatment exists, it does not constitute a violation of the law if such treatment is supported by reasonable justification. Whether a reasonable justification exists is assessed on a case-by-case basis through a comprehensive consideration of factors including differences in the scope and content of the work, the level of authority and responsibility, the conditions and purpose of hiring, the wage structure, and the nature of the compensation or benefits provided.
Application for Correction of Discrimination with the LRC
Fixed-term, part-time, and agency employees may file an application with the LRC seeking correction of discriminatory treatment. Where differential treatment is established, a valid comparator employee exists, and no reasonable justification for the differential treatment is recognized, the LRC may order the cessation of the discriminatory practice, improvements to working conditions, and the payment of appropriate compensation.
An application for remedy must be filed within six months from the date on which discriminatory treatment occurred (or, in cases of continuing discriminatory treatment, from the date of its termination.) For further details regarding the application and procedures before the LRC, please refer to the relevant information provided here.
● Equal Employment Act (Sex)
Prohibited Grounds
The Equal Employment Opportunity and Work-Family Balance Assistance Act (“Equal Employment Act”) prohibits discriminatory treatment in recruitment, hiring, and other working conditions without reasonable justification on the grounds of sex, marital status, family status, pregnancy, or childbirth. In the event of a violation, the Act not only imposes criminal penalties but also provides a remedial mechanism through the LRC.
Application for Correction of Discrimination with the LRC
An employee may file an application for remedy with the LRC in the following cases:
Filing Requirements and Deadlines
An application for remedy for discrimination must be filed within six months from the date on which the discriminatory treatment occurred (or, in cases of continuing discriminatory treatment, from the date of its termination.)
● Elderly Employment Act (Age)
Prohibition of Age Discrimination
The Act on Prohibition of Age Discrimination in Employment and Elderly Employment Promotion prohibits discrimination in employment on the basis of age unless such treatment is supported by reasonable justification. A lack of reasonable justification refers to situations in which there is no objective necessity to differentiate treatment based on age, or where, even if differential treatment is considered necessary, the means adopted or the extent of such treatment are inappropriate or disproportionate.
Wage Peak Systems
One of the central issues in age discrimination cases is the validity of wage peak systems. A wage peak system refers to a scheme under which an employee’s wages are gradually reduced after reaching a certain age in exchange for continued employment for a specified period.
The Supreme Court assesses the validity of such systems by comprehensively considering factors including the purpose of their introduction, the extent of the disadvantage imposed on employees, whether adequate compensatory measures were provided, and whether the cost savings were used in accordance with the system’s intended purpose.
● Labor Standards Act (General)
The Labor Standards Act prohibits discriminatory treatment in working conditions on the grounds of sex, nationality, religion, or social status, and imposes criminal penalties for violations.
● National Human Rights Commission Act (General)
Broad Scope of Protected Characteristics
The National Human Rights Commission Act identifies a broad range of protected characteristics as prohibited grounds of discrimination. These include sex, religion, disability, age, social status, place of origin, country of origin, ethnic origin, physical conditions such as appearance, marital status, pregnancy or childbirth, family form or family situation, race, skin color, ideology or political opinion, criminal records for which the legal effect of the sentence has expired, sexual orientation, educational background, and medical history.
Investigation and Recommendations by the NHRC
When a petition is filed with the National Human Rights Commission, the Commission conducts an investigation into the alleged discriminatory conduct and determines whether it constitutes discrimination without reasonable justification. If discrimination is found, the Commission may issue recommendations for corrective measures to the relevant institution or individual, or take further actions such as filing a criminal complaint or taking other measures in accordance with applicable law. The Commission’s recommendations, however, are not legally binding and do not carry direct legal enforceability.
Need Legal Assistance?
Workplace discrimination claims often involve complex legal requirements, including identifying an appropriate comparator, assessing whether differential treatment was supported by reasonable justification, and determining whether the statutory filing deadline has been met.
Given that applications for correction of discrimination must generally be filed within six months, early legal assistance can be critical. Even where discriminatory treatment appears evident, a claim may fail if the relevant legal criteria are not properly established and supported with evidence.
Our office can assist you in assessing the merits of your case and representing you throughout the proceedings before the LRC. If you believe you have been subjected to discrimination at work, please feel free to contact us for consultation or legal representation.
Your Right to Seek a Remedy Before the LRC
Employees in Korea who experience workplace discrimination may seek remedies through administrative bodies such as the Labor Relations Commission (LRC) or the National Human Rights Commission (NHRC), or through civil litigation.
In Korea, the legal framework governing the prohibition of employment discrimination is set out across multiple statutes. While each law defines protected characteristics according to its own scope and purpose, there is a degree of overlap among them, and the remedies available are provided under different legislative schemes.
To ensure the effective enforcement of anti-discrimination protection, certain statutes impose criminal penalties and, in specific cases, establish remedial mechanisms through the Labor Relations Commission (LRC) or the National Human Rights Commission (NHRC). Employees who have suffered discriminatory treatment may seek damages by filing a civil action for tortious conduct under the Civil Act and other applicable laws.
Among the various remedies available, corrective relief through the LRC is generally regarded as the most prompt and efficient administrative mechanism. However, the scope of remedies available through the LRC is limited to cases involving discrimination against non-regular employees and sex discrimination.
The Act on the Protection of Fixed-Term and Part-Time Employees and the Act on the Protection of Temporary Agency Workers prohibit discrimination against fixed-term, part-time, and agency employees on the basis of non-regular employment status. While these statutes do not provide for criminal penalties, they establish a remedial mechanism through the LRC. If an employer fails to comply with a corrective order issued by the Commission, an administrative fine may be imposed.
Discriminatory treatment is prohibited in areas including wages, bonuses, performance-based pay, and other matters concerning working conditions and employee benefits.
In determining whether discrimination has occurred, the existence of a comparator employee is required. A comparator refers to a regular employee engaged in the same or similar work at the relevant workplace. Even if the duties are not completely identical, the work will be regarded as the same or similar if there is no substantive difference in the nature of the work based on the principal duties performed.
Even where differential treatment exists, it does not constitute a violation of the law if such treatment is supported by reasonable justification. Whether a reasonable justification exists is assessed on a case-by-case basis through a comprehensive consideration of factors including differences in the scope and content of the work, the level of authority and responsibility, the conditions and purpose of hiring, the wage structure, and the nature of the compensation or benefits provided.
Fixed-term, part-time, and agency employees may file an application with the LRC seeking correction of discriminatory treatment. Where differential treatment is established, a valid comparator employee exists, and no reasonable justification for the differential treatment is recognized, the LRC may order the cessation of the discriminatory practice, improvements to working conditions, and the payment of appropriate compensation.
An application for remedy must be filed within six months from the date on which discriminatory treatment occurred (or, in cases of continuing discriminatory treatment, from the date of its termination.) For further details regarding the application and procedures before the LRC, please refer to the relevant information provided here.
The Equal Employment Opportunity and Work-Family Balance Assistance Act (“Equal Employment Act”) prohibits discriminatory treatment in recruitment, hiring, and other working conditions without reasonable justification on the grounds of sex, marital status, family status, pregnancy, or childbirth. In the event of a violation, the Act not only imposes criminal penalties but also provides a remedial mechanism through the LRC.
An employee may file an application for remedy with the LRC in the following cases:
An application for remedy for discrimination must be filed within six months from the date on which the discriminatory treatment occurred (or, in cases of continuing discriminatory treatment, from the date of its termination.)
The Act on Prohibition of Age Discrimination in Employment and Elderly Employment Promotion prohibits discrimination in employment on the basis of age unless such treatment is supported by reasonable justification. A lack of reasonable justification refers to situations in which there is no objective necessity to differentiate treatment based on age, or where, even if differential treatment is considered necessary, the means adopted or the extent of such treatment are inappropriate or disproportionate.
One of the central issues in age discrimination cases is the validity of wage peak systems. A wage peak system refers to a scheme under which an employee’s wages are gradually reduced after reaching a certain age in exchange for continued employment for a specified period.
The Supreme Court assesses the validity of such systems by comprehensively considering factors including the purpose of their introduction, the extent of the disadvantage imposed on employees, whether adequate compensatory measures were provided, and whether the cost savings were used in accordance with the system’s intended purpose.
The Labor Standards Act prohibits discriminatory treatment in working conditions on the grounds of sex, nationality, religion, or social status, and imposes criminal penalties for violations.
The National Human Rights Commission Act identifies a broad range of protected characteristics as prohibited grounds of discrimination. These include sex, religion, disability, age, social status, place of origin, country of origin, ethnic origin, physical conditions such as appearance, marital status, pregnancy or childbirth, family form or family situation, race, skin color, ideology or political opinion, criminal records for which the legal effect of the sentence has expired, sexual orientation, educational background, and medical history.
When a petition is filed with the National Human Rights Commission, the Commission conducts an investigation into the alleged discriminatory conduct and determines whether it constitutes discrimination without reasonable justification. If discrimination is found, the Commission may issue recommendations for corrective measures to the relevant institution or individual, or take further actions such as filing a criminal complaint or taking other measures in accordance with applicable law. The Commission’s recommendations, however, are not legally binding and do not carry direct legal enforceability.
Workplace discrimination claims often involve complex legal requirements, including identifying an appropriate comparator, assessing whether differential treatment was supported by reasonable justification, and determining whether the statutory filing deadline has been met.
Given that applications for correction of discrimination must generally be filed within six months, early legal assistance can be critical. Even where discriminatory treatment appears evident, a claim may fail if the relevant legal criteria are not properly established and supported with evidence.
Our office can assist you in assessing the merits of your case and representing you throughout the proceedings before the LRC. If you believe you have been subjected to discrimination at work, please feel free to contact us for consultation or legal representation.
