Workplace Harassment in Korea: How to Report and Your Employer's Legal Obligations

What Is Workplace Harassment?

Workplace harassment (직장내 괴롭힘) is clearly defined in Article 76-2 of the Labor Standards Act (근로기준법 제76조의2). It refers to "any 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 appropriate scope of work."

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

① Superiority (우위성): The perpetrator exploits a superior position based on rank, age, numbers, or other relational advantage.
② Exceeding the appropriate scope of work (업무상 적정 범위 초과): The act goes beyond legitimate work instructions.
③ Physical/mental suffering or deterioration of the working environment: Actual harm has occurred or there is a risk of it occurring.

Typical examples include repeated verbal abuse or profanity, excluding someone from work or assigning an excessive workload, forcing personal errands, group ostracism, and public humiliation in group SNS chat rooms.

Where and How to File a Report

Step 1: Internal Company Report

Workplaces with 10 or more full-time employees are required to include workplace harassment prevention and handling procedures in their work rules (취업규칙) under Article 93 of the Labor Standards Act (근로기준법 제93조). You may file a report — in writing or verbally — with the HR department, the grievance committee, or a designated reporting channel within the company.

Upon receiving a report, the employer must without delay conduct an investigation to verify the facts (Article 76-3, Paragraph 2 / 제76조의3 제2항), and must take protective measures for the victim during the investigation period, such as changing the victim's workplace or granting paid leave.

Step 2: Filing a Complaint with the Ministry of Employment and Labor

If the company refuses to investigate or fails to take appropriate action, you may file a complaint (진정) with the competent Regional Employment and Labor Office (고용노동청). It is important to describe in detail the date, time, location, and content of the harassment, information about the perpetrator, and supporting evidence (text messages, recordings, witness statements, etc.).

After investigating the facts, the Ministry of Employment and Labor may issue a corrective order to the employer. If the employer subjects the victim to any disadvantageous treatment, the employer faces imprisonment of up to 3 years or a fine of up to 30 million won (3천만 원) under Article 76-3, Paragraph 6 (제76조의3 제6항).

Protections Every Victim Must Know

Disadvantageous treatment on the grounds of filing a report is strictly prohibited. Any form of retaliation — dismissal, transfer, disciplinary action, unfair performance evaluation, or any other disadvantage — is legally forbidden, and an employer who violates this is subject to criminal punishment.

In addition, during the investigation process, no measures may be taken against the victim's wishes. For example, conducting a face-to-face investigation in the same space as the perpetrator when the victim does not want this is inappropriate.

For evidence collection, it is important to record the date, time, location, content, and witnesses each time a harassment incident occurs. Screenshots of workplace messengers, printed emails, and audio recordings are all valid forms of evidence.

Note for foreign workers: The protections above apply regardless of your visa type or nationality. However, your employment contract may specify additional internal procedures — check whether your company's work rules include a harassment reporting channel.

Get Help from Bylaw

If you have experienced workplace harassment, don't struggle alone. Through Bylaw (workbylaw.com)'s AI Labor Law Search, you can quickly check whether your situation meets the legal requirements. The Complaint Drafting Assistant feature also helps you systematically prepare a complaint to submit to the Regional Employment and Labor Office. From organizing evidence to navigating the reporting process, Bylaw is here to help.

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