Workplace Harassment in Korea: How to File a Complaint — Procedures & Key Strategies

How Is Workplace Harassment Legally Defined?

Article 76-2 of the Labor Standards Act (근로기준법 제76조의2) defines workplace harassment (직장내 괴롭힘) as "an act by an employer or employee that, by exploiting a superior position or relationship in the workplace, causes physical or mental suffering to another employee or worsens the working environment beyond what is appropriate in the scope of work."

Simple work instructions or cautions do not qualify. All three of the following elements must be met:

Superiority — the perpetrator exploits a position of power or advantage
Exceeding the appropriate scope of work — the conduct goes beyond legitimate business needs
Suffering or deterioration of the working environment — the victim experiences physical/mental harm or a worsened workplace

What Is the Difference Between a Criminal Complaint (고소) and a Report (신고)?

Many people use these terms interchangeably, but the distinction matters because separate criminal penalty provisions exist for workplace harassment.

Internal company report: Under Article 76-3 of the Labor Standards Act (근로기준법 제76조의3), once a report is received the employer must investigate without delay and take protective measures for the victim. Failure to do so carries a fine of up to 500,000 KRW (500만 원 이하 과태료).
Labor Office complaint (노동청 진정): If the company refuses to investigate or retaliates against the victim, you may file a complaint with the competent Regional Employment and Labor Office (관할 지방고용노동청). If the employer subjects the victim to dismissal or any other disadvantageous treatment, the employer faces imprisonment of up to 3 years or a fine of up to 30 million KRW (3년 이하 징역 또는 3천만 원 이하 벌금) under Article 76-3(6) of the Labor Standards Act (근로기준법 제76조의3 제6항).
Criminal complaint (형사 고소): If the harassing conduct itself constitutes a crime under the Criminal Act — such as assault, intimidation, or defamation — you may simultaneously file a criminal complaint with the police or prosecutor's office.

Note for foreign workers: The statutory protections above apply regardless of visa status. However, your employment contract may set out additional internal grievance procedures; check those as well.

Evidence Collection: Start Here

The outcome of a report or complaint depends heavily on evidence. Secure as much of the following as possible:

KakaoTalk, text, and email records — screenshots plus original backups
Work instruction records and proof of excessive workload assignment
Witness statements — written confirmations from colleagues or their contact information
Medical certificates and counseling records — from psychiatry, psychological counseling, etc.
Work diary / notes — record the date, location, and exact words spoken immediately after each incident

Regarding audio recordings: if you are a party to the conversation, recordings made without the other party's consent are admissible as evidence (confirmed by multiple Supreme Court precedents).

Worried About Retaliation After Filing?

The Labor Standards Act explicitly prohibits all forms of disadvantageous treatment — including dismissal, transfer, and pay cuts — taken against an employee for making a report. If you suffer any such retaliation after filing, that retaliation is itself a separate criminal offense. Document any retaliatory acts immediately and file an additional complaint with the Labor Office.

Not Sure How to Write a Complaint?

The key to a Labor Office complaint (진정서) is presenting the facts clearly and in chronological order. You can use the AI complaint-drafting feature at Bylaw (workbylaw.com) to quickly generate a draft that meets the legal requirements. You can also use the AI search function to instantly check similar cases and the applicable standards.

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