Workplace Harassment in Korea: What Foreign Workers Need to Know

Workplace Harassment in Korea: What Foreign Workers Need to Know

Since 2019, Korea's Labor Standards Act (근로기준법) prohibits workplace harassment. As a foreign worker, understanding these protections is crucial for your safety and well-being.

What Constitutes Workplace Harassment?

Article 76-2 of the Labor Standards Act defines workplace harassment (직장 내 괴롭힘) as acts that meet three criteria:

  1. Abuse of superior position: This includes not only rank differences but also seniority, group dynamics (many vs. few), or employment status differences
  2. Beyond reasonable work scope: Actions unnecessary for work or unreasonable by social standards
  3. Causing harm: Physical/mental suffering or deteriorating work environment, judged objectively

Common Examples of Harassment

Note: Legitimate work instructions, performance feedback, or reasonable personnel decisions are not harassment by themselves.

Reporting Procedures

You can report harassment to your employer, who must:
- Investigate immediately
- Provide protection measures (workplace changes, paid leave)
- Take disciplinary action if harassment is confirmed

Important for foreign workers: You can request interpreter support during investigations. Document incidents with dates, witnesses, and evidence.

Legal Protections

Retaliating against reporters is a criminal offense punishable by up to 3 years imprisonment or 30 million won fine.

Limitation: These protections apply only to workplaces with 5+ employees. However, you can still pursue civil damages regardless of company size.

For international schools, foreign companies, or embassies: Your contract may provide additional protections beyond Korean legal minimums. Check your employment agreement for specific harassment policies.

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