Workplace Harassment in Korea: How to Gather Evidence and File a Report

Evidence Comes Before Filing: Workplace Harassment in Korea

If you are experiencing workplace harassment (직장내 괴롭힘), the very first thing you should do is secure evidence. Article 76-2 of the Labor Standards Act (근로기준법 제76조의2) defines workplace harassment as "an act by an employer or employee that, by taking advantage of a superior position or relationship in the workplace, causes physical or mental suffering to another employee or deteriorates the working environment beyond what is appropriate for work." Proving that this definition is met is the core of any report.

What Materials Are Accepted as Evidence?

1. Screenshots of Messages and Emails

Content from KakaoTalk, text messages, internal messengers, or email that contains verbal abuse, insults, or instructions to exclude someone from work constitutes strong evidence. Capture the full screen so that the date, time, and sender are clearly visible, and back up the original files on a separate device.

2. Audio Recordings

If you personally record a conversation you are directly participating in, it is not a criminal offense (Supreme Court Decision 2002Do123 and numerous other precedents). Recording verbal abuse during a meeting or pressure applied in a one-on-one meeting with your smartphone can serve as powerful evidence. However, be aware that a third party secretly recording a conversation to which they are not a party may violate the Protection of Communications Secrets Act (통신비밀보호법).

3. Work Logs and Incident Journals

Each time harassment occurs, write a journal entry recording the date, location, perpetrator, specific words and actions, and any witnesses. Both courts and the Ministry of Employment and Labor recognize a victim's detailed journal as important circumstantial evidence.

4. Witness Statements

Statements or written confirmations from colleagues who were present in the same space add objectivity to your case. A signed written statement from a witness is ideal; if that is not possible, messages exchanged with that colleague can serve as supplementary material.

5. Medical Diagnoses and Doctor's Opinions

If you visited a psychiatrist or physician due to mental distress, keep your diagnosis and medical records. These play a decisive role in proving the severity of the harm suffered.

6. HR Records and Work-Order Documents

If you experienced unjust exclusion from work, an excessive workload, or HR disadvantages, related official notices, personnel transfer notifications, and work-order emails also constitute evidence.

Precautions When Collecting Evidence

Where Do You File a Report?

Once you have gathered evidence, you may report to the company's internal reporting channel (reporting to the employer) or to a regional office of the Ministry of Employment and Labor (진정·고소). Under Article 76-3 of the Labor Standards Act (근로기준법 제76조의3), once a report is received, the employer must conduct an investigation without delay. If the employer takes any disadvantageous action against the victim, the employer is subject to imprisonment of up to 3 years or a fine of up to 30 million won (3천만 원).

Get Help from Bylaw (바이로)

If you are unsure how to write a harassment complaint (진정서), try the AI complaint-drafting feature at Bylaw (workbylaw.com). Enter the facts of your situation and it will automatically generate a draft complaint that meets the legal requirements. You can also use the AI labor-law search feature to quickly find the relevant statutes and precedents that apply to your case.

This article is for informational purposes only and does not constitute legal advice. For specific cases, consult a certified labor attorney (노무사) or lawyer.