Workplace Harassment in Korea: Complete Guide to Reporting and Resolution (2026)

What Is Workplace Harassment?

Article 76조의2 of the Labor Standards Act (근로기준법 제76조의2) defines workplace harassment (직장내괴롭힘) as "an act by an employer or employee that, by taking advantage of superiority in workplace position or relations, causes physical or mental suffering to another employee or worsens the working environment beyond the appropriate scope of work."

Three elements must all be satisfied for an act to be legally recognized as workplace harassment:

① Superiority: Any form of superiority counts — rank, age, numbers, and so on.
② Exceeding the appropriate scope of work: This distinguishes harassment from legitimate work instructions.
③ Physical or mental suffering or deterioration of the working environment: Whether the victim actually experienced suffering is the key point.

Typical examples include repeated verbal abuse or insults, exclusion from work or assignment of excessive workloads, being forced to run personal errands, group ostracism, and public humiliation in group SNS chat rooms.

Reporting Procedure — Step by Step

Step 1: Gather Evidence

The most important preparation before filing a report is collecting evidence. Gather as much as possible: screenshots of KakaoTalk messages, emails, and other messages; voice recordings (recordings made secretly by a party to the conversation are recognized as admissible evidence); witness statements; and records of work instructions. Writing a victim's log that records dates, locations, and the content of statements will be a great help when drafting your complaint.

Step 2: Internal Report

Workplaces with 10 or more regular employees must include workplace harassment prevention and handling procedures in their employment rules (Article 93, Item 11 of the Labor Standards Act / 근로기준법 제93조 제11호). Once a report is received, the employer must conduct an investigation without delay and must not take any personnel action against the victim's wishes (Article 76조의3(4)). During the investigation period, the employer is also obligated to take protective measures for the victim, such as changing the workplace location or granting paid leave.

Note for foreign workers: Your employment contract may specify additional procedures, but the statutory protections above are the minimum guaranteed by law.

Step 3: Filing a Complaint with the Ministry of Employment and Labor

If there is no internal procedure, if the employer neglects or conceals the investigation, or if the harasser is the employer themselves, you may file a complaint directly with the regional office of the Ministry of Employment and Labor. Complaints can be submitted through the Ministry's civil petition portal (minwon.moel.go.kr) or by calling 1350 (no area code required). If the employer fails to fulfill their investigation and action obligations, an administrative fine of up to 5 million won will be imposed.

Victim Protections You Must Know

• Prohibition on disadvantageous treatment: Dismissal, transfer, or disciplinary action on the grounds of a report is punishable by imprisonment of up to 3 years or a fine of up to 30 million won (Article 109 / 제109조).
• Confidentiality obligation: Those involved in the investigation may not disclose the victim's identity to outside parties (Article 76조의3(7) / 제76조의3 제7항).
• Psychological counseling support: Free psychological counseling is available through the Employee Assistance Program (EAP) of the Korea Workers' Compensation & Welfare Service (근로복지공단).

Can I Receive Unemployment Benefits If I Quit Due to Workplace Harassment?

Even if you voluntarily resign because workplace harassment made it impossible to continue working, you may still qualify for unemployment benefits (구직급여) under the Employment Insurance Act (고용보험법) as a "justifiable reason for separation" — provided you can demonstrate that the employer was aware of the harassment and failed to take appropriate action. Be sure to keep your victim's log and internal complaint records before leaving the job.

Getting Help at Workbear

If you have experienced workplace harassment, use the AI labor law search at Workbear (workbear.kr) to quickly find the relevant provisions and precedents for your situation, and use the complaint drafting feature to easily prepare documents for submission to the Ministry of Employment and Labor. If you are considering resignation, you can also check your eligibility for unemployment benefits in advance using the unemployment benefit eligibility tool.

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