3 Legal Requirements for Workplace Harassment in Korea – How to Check If Your Case Qualifies

Workplace Harassment in Korea: How Is It Legally Established?

"Workplace harassment" (직장내 괴롭힘) is not merely a situation that feels unpleasant — it is a legal concept clearly defined in Article 76-2 of the Labor Standards Act (근로기준법 제76조의2). The provision states: "Any act by an employer or employee who uses a superior position or relationship in the workplace to cause physical or mental suffering to another employee, or to deteriorate the working environment, beyond the appropriate scope of work."

From this definition, three requirements are derived. All three must be satisfied for an act to be recognized as workplace harassment.

Requirement 1: Use of a Superior Position or Relationship in the Workplace

"Superiority" (우위) includes not only positional superiority such as rank or title, but also relational superiority such as numerical advantage (a group versus an individual), differences in expertise or experience, union membership, and personal connections. The Ministry of Employment and Labor (고용노동부) manual explains that "it is sufficient if the perpetrator can be perceived as being in a superior position relative to the victim."

An important point is that harassment can also occur between colleagues of equal rank. Even if two employees hold the same title, if a group collectively ostracizes one person, or if a long-tenured employee exploits their advantage over a new hire, this requirement can be met.

Requirement 2: Exceeding the Appropriate Scope of Work

Legitimate work instructions or reasonable reprimands do not constitute harassment. The standard for judgment is whether the purpose, content, and manner of the act deviate from what is socially acceptable.

For example, the following acts may be considered to exceed the appropriate scope:

• Forcing an employee to run personal errands unrelated to work
• Repeated insults or verbal abuse in public settings
• Excluding an employee from work without reasonable cause, or assigning an excessive workload
• Invasion of privacy (monitoring SNS, sharing personal information without consent, etc.)

By contrast, warnings or cautions for underperformance, work reassignment, and legitimate performance evaluations may not satisfy this requirement, even if the person involved finds them unpleasant.

Requirement 3: Causing Physical or Mental Suffering, or Deteriorating the Working Environment

This requirement looks at whether the victim actually experienced suffering, or whether the working environment was objectively worsened. Courts and the Ministry of Employment and Labor apply an "average employee" standard, not solely the victim's subjective feelings. In other words, an ordinary employee placed in the same situation must be able to recognize that suffering was caused or that the working environment deteriorated.

Reporting Procedure and Employer Obligations

When workplace harassment occurs, the employer must immediately conduct a fact-finding investigation (Article 76-3 of the Labor Standards Act, 근로기준법 제76조의3), take protective measures for the victim, and impose disciplinary action on the perpetrator. If the employer fails to comply, a fine of up to 5 million won (500만 원) may be imposed. Furthermore, if disadvantageous treatment is given to an employee for filing a report, the employer faces imprisonment of up to 3 years or a fine of up to 30 million won (3,000만 원).

Note for foreign workers: Your employment contract may set out additional procedures, but the statutory protections above apply regardless of contract terms.

Tips for Collecting Evidence

To prove harassment, it is important to carefully gather memos recording the date, location, and content of statements, screenshots of text messages, emails, or messenger conversations, and witness statements. These will be key materials when filing a complaint with the Ministry of Employment and Labor or applying for relief with the Labor Relations Commission (노동위원회).

If you are unsure whether your situation qualifies as workplace harassment, or if you are at a loss about how to write a complaint, try using Bylaw (workbylaw.com)'s AI complaint drafting feature. Enter your situation and it will automatically generate a draft complaint tailored to the legal requirements. You can also use the AI labor law search to quickly check similar cases and judgment 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.