Workplace Harassment in Korea: Legal Definition, Real Cases & How to Report

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 deteriorates the working environment beyond the scope appropriate for work."

Three key criteria must all be met:

1. Superiority – Did the perpetrator exploit a superior position based on rank, age, numbers, or other relational advantage?
2. Exceeding the appropriate scope of work – Did the conduct go beyond ordinary work instructions?
3. Suffering or deterioration of the working environment – Did the victim actually experience suffering?

All three requirements must be satisfied for conduct to be recognized as legally actionable harassment.

Recognized Cases of Workplace Harassment

① Exclusion from or neglect of work duties

Deliberately withholding work assignments from a specific employee, or intentionally excluding them from meetings or group messenger chats. The Ministry of Employment and Labor's (고용노동부) administrative interpretation treats "isolating an employee by withholding work without reasonable cause" as harassment.

② Excessive workload

Continuously assigning a workload that one person cannot reasonably handle, or repeatedly issuing work instructions late at night after working hours, also qualifies. Courts assess "whether the intensity of work reached a level harmful to health" as the standard.

③ Verbal abuse and insults

Repeatedly using profanity or making demeaning remarks about a person's character in public settings. Even a single incident of verbal abuse may be recognized if sufficiently severe; however, continuity and repetitiveness are generally important factors in the assessment.

④ Coercion into personal errands

Forcing an employee to run personal errands unrelated to work (e.g., picking up dry cleaning, collecting a child from a private academy) by exploiting a difference in rank is frequently cited as a clear case of harassment.

⑤ Group ostracism (집단 따돌림)

Colleagues collectively cutting off communication with a specific person or excluding them from meals. If a supervisor condones or encourages such behavior, employer liability may also be recognized.

Conduct That Does Not Qualify as Harassment

Not every unpleasant act constitutes legal harassment. The Ministry of Employment and Labor considers the following to fall within the appropriate scope of work instructions:

• Legitimate warnings or cautions regarding failure to meet work performance standards
• Transfer orders with reasonable justification
• Work evaluations and feedback based on facts

How to File a Complaint

1. Internal report – Under Article 76-3 of the Labor Standards Act (근로기준법 제76조의3), the employer is obligated to investigate immediately upon receiving a report.
2. Complaint to the Ministry of Employment and Labor – If internal handling is inadequate, or if the employer is the perpetrator, you may file a complaint (진정) with the competent Regional Employment and Labor Office (고용노동청).
3. Gathering evidence – It is important to collect evidence in advance, such as messenger screenshots, audio recordings, and witness statements.

If an employer retaliates against a reporting employee through dismissal, transfer, or other disadvantageous treatment, the employer is subject to imprisonment of up to 3 years or a fine of up to 30 million won (Article 76-3, Paragraph 6 of the Labor Standards Act / 근로기준법 제76조의3 제6항).

Note for foreign workers: The statutory protections above apply regardless of visa status or nationality. However, your employment contract may set out additional internal procedures — check your contract alongside these statutory minimums.

Get Help from Bylaw

If you need to organize the details of a workplace harassment situation and draft a complaint, try the AI complaint drafting feature at Bylaw (workbylaw.com). Enter your situation and it will automatically generate a draft complaint tailored to the legal requirements. Contract review and a labor-law AI search function are also available.

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