Workplace Harassment in Korea: What Counts Under the Labor Standards Act

To decide whether behavior counts as workplace harassment, Korean law looks at three standards. The first is whether the person used a superior position. That might be higher rank, more seniority, or simply strength in numbers. It's not only a department head throwing his weight around with a junior employee. A group of senior coworkers freezing out one newer colleague counts too.

The second is whether the behavior went beyond what the job reasonably requires. Insulting someone's character under the guise of teaching, or deliberately dumping a pile of grunt work no one could finish alone, are classic examples. The opposite also crosses the line: giving someone no work at all and treating them like they're invisible.

The third is whether the victim actually suffered physical or mental pain, or whether their work environment was damaged. Only when all three conditions are met at the same time can the behavior be recognized as legal workplace harassment.

Just because you don't like a boss's instructions doesn't make them harassment. Reasonable feedback meant to improve performance, or a strict review based on company rules, falls within a manager's legitimate authority. To put it more precisely, the key test is whether the purpose and the manner of the instruction are reasonable by common sense.

For example, pointing out errors in a report and asking for a rewrite is a legitimate instruction. But hurling insults in front of the whole team, or forcing someone to run personal errands, clearly crosses the line.

In the end, it comes down to social norms: did the behavior go beyond what an ordinary person in society would accept? If the evident goal was to belittle or embarrass a person rather than to get the work done, it won't be accepted as fair discipline. And even if the offender had no such intent, the behavior can still count as harassment if it went beyond a reasonable range by social standards.

When a victim reports harassment to the company, the company must start an objective investigation without delay. While the investigation is under way, it must also take steps to protect the victim so things don't get worse for them. That can mean moving their workstation or giving paid leave if needed. The company can't take any measure the victim doesn't want.

If the harassment is confirmed, the company must give the offender appropriate consequences, such as disciplinary action or a transfer to another location. Most importantly, it is prohibited to retaliate against the victim for reporting, for example by firing them or giving them an unfavorable reassignment.

If a company receives a report but doesn't investigate, or confirms harassment and still fails to take the necessary steps, it faces an administrative fine. If an employer retaliates against a victim or reporter, for example by firing them, the employer can face criminal penalties of up to 3 years in prison or a fine of up to 30 million won (about $22,000). Keeping a workplace healthy is the responsibility of the whole company.