Workplace Harassment in Korea: Where and How to Report It — Foreign Workers' Guide

How Does Korean Law Define Workplace Harassment?

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 taking advantage of a superior position or relationship in the workplace, causes physical or mental suffering to another employee or deteriorates the working environment beyond what is appropriate in the course of work."

Three elements must all be satisfied for conduct to be recognized as legally actionable harassment:
① Taking advantage of a superior position or relationship,
② Exceeding what is appropriate in the course of work, and
③ Causing physical or mental suffering or deteriorating the working environment.

Where Can You Seek Consultation or File a Report?

1. Internal Reporting Channel

Under Article 76-3 of the Labor Standards Act (근로기준법 제76조의3), workplaces with 10 or more regular employees must include procedures for preventing and addressing workplace harassment in their work rules (취업규칙). You may report — in writing or verbally — to the HR department, the grievance committee, or the designated reporting channel within the company.

Upon receiving a report, the employer must immediately take protective measures for the victim (such as reassignment or paid leave), and must impose disciplinary or other necessary measures against the perpetrator based on the investigation results.

Note for foreign workers: Your employment contract may specify additional internal procedures; check your contract alongside the statutory minimum above.

2. Filing a Complaint with the Ministry of Employment and Labor

If internal resolution is difficult, or if the employer is the perpetrator, you may file a complaint (진정) with the Ministry of Employment and Labor Customer Consultation Center (고용노동부 고객상담센터, dial 1350, no area code required) or at the nearest regional employment and labor office. Online complaints can be submitted through the Ministry's civil petition portal at minwon.moel.go.kr.

If the employer dismisses or otherwise disadvantages you in retaliation for filing a report, this constitutes a violation of Article 76-3, Paragraph 6 of the Labor Standards Act (근로기준법 제76조의3 제6항), punishable by imprisonment of up to 3 years or a fine of up to 30 million won.

3. Labor Relations Commission and Courts

If workplace harassment has led to unfair dismissal (부당해고) or other disadvantageous treatment, you may file a remedy application with the Labor Relations Commission (노동위원회). Claims for damages arising from mental suffering may be pursued through civil litigation.

Evidence You Must Gather Before Consulting

Securing evidence is essential to making your consultation and report effective.

Even if evidence is limited, an investigation can be initiated based on your statement alone — so it is important to seek consultation first.

Points Victims Often Miss

Never assume "if I just endure it, things will get better." Harassment tends to repeat and escalate when left unaddressed, and there are also statutes of limitations to be aware of (the civil damages claim must be filed within 3 years of becoming aware of the harm).

In addition, when the employer themselves is the perpetrator, internal reporting is practically difficult. In that case, it is more realistic to consult the Ministry of Employment and Labor or an external professional from the outset.

Get Help from Bylaw

If you are preparing to consult about workplace harassment, use Bylaw's AI labor law search at workbylaw.com to quickly look up relevant statutory provisions and case precedents, and use the complaint drafting assistant to organize a draft of your report. It can help you work through even complex situations step by step.

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