Workplace Harassment in Korea 

Legal Framework and Employer Obligations

Employer Statutory Duties When Harassment Is Reported

Workplace harassment has seen a continuous rise in reports and related disputes since it was first codified under the Labor Standards Act in 2019. The Act imposes legal obligations on employers to take specific measures when workplace harassment occurs, and failure to comply may result in administrative fines.

• Duty to Investigate 

Workplace harassment may be reported not only by the victim but also by any employee who witnesses the incident or becomes aware of it. Once the company receives a report, it must promptly conduct an investigation. During the investigation, the company is required to take appropriate measures — where protection is deemed necessary for the complainant — such as adjusting the working location or granting paid leave.

Because disciplinary action and potential legal disputes may follow, the investigation must be conducted thoroughly. Its purpose is to establish the relevant facts and determine, based on those facts, whether the conduct meets the statutory definition of workplace harassment. In some cases, the findings may not legally constitute workplace harassment, however, in such situations, the basis for that conclusion must be clearly documented. In practice, many companies engage external professionals to ensure both expertise and independence in the investigation process.

• Duty to Take Disciplinary or Other Necessary Measures 

If the investigation confirms that workplace harassment has occurred, the company must promptly take necessary measures against the perpetrator, such as disciplinary action or a change of work location. Before taking such measures, the company must hear the harassed employee’s opinion. While the company is not required to accept all of the employee’s views, the measures should be implemented in a manner that the employee can reasonably accept.

• Duty to Protect the Victim

If the investigation confirms that workplace harassment has occurred, the employer must, upon the harassed employee’s request, take appropriate measures such as changing the work location, redeploying or granting paid leave. The appropriate level of measures is determined by considering the employee’s request and the circumstances of the workplace.

• Duty of Confidentiality

The company must ensure that any confidential information obtained during the investigation is not disclosed to others. Individuals who conduct the investigation, receive the investigation report or otherwise participate in the process are subject to an obligation not to disclose such information to others against the wishes of the harassed employee.

• Anti-Retaliation Duty

The company is prohibited from taking any adverse or retaliatory action against the victim, the individual who raises the allegation, or the reporting party. A violation of this obligation may result in criminal penalties.

Assessing Whether Conduct Legally Constitutes Workplace Harassment

Under the Labor Standards Act, workplace harassment is defined as “an act in which an employer or employee, by taking advantage of superiority in position or relationship in the workplace, causes physical or mental suffering to other employees or deteriorates the working environment beyond the appropriate scope of work.”

The key issues are whether the alleged harasser held superiority in position or in workplace relationships, and whether the reported conduct exceeded the appropriate scope of work. Because the legal framework is relatively new, in practice it can be difficult to determine the applicable criteria.  

In addition, some employees report every interpersonal conflict in the workplace as workplace harassment, which can create further complications. There has been an increase in cases where employers accept the complainant’s excessive claims without sufficient scrutiny, take disciplinary action against the alleged harasser, and subsequently face legal claims brought by the disciplined employee.  Accordingly, employers should carefully assess whether workplace harassment has been legally established based on a thorough investigation and the relevant law.

Employer Takeaways

Korea enforces workplace harassment obligations strictly, which means employers must be meticulous at every stage – from receiving a report to completing the investigation and implementing follow-up measures – to maintain trust and avoid legal risk.

If you require assistance with workplace harassment compliance or wish to outsource the investigation process, please contact us.