Workplace Harassment in Korea: Penalties for Perpetrators and Employers Explained

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, goes beyond the appropriate scope of work and causes physical or mental suffering to another employee or deteriorates the working environment."

All three of the following elements must be satisfied for conduct to be recognized as harassment:
① Exploitation of a position of superiority
② Exceeding the appropriate scope of work-related conduct
③ Causing physical or mental suffering, or deteriorating the working environment

Sanctions Against the Perpetrator

1. Internal Disciplinary Action

Once workplace harassment is confirmed, the employer must without delay take necessary measures against the perpetrator, such as disciplinary action or a change of workplace (Article 76-3, Paragraph 5 of the Labor Standards Act / 근로기준법 제76조의3 제5항). Depending on the company's work rules (취업규칙), disciplinary measures can range from a warning, pay cut, or suspension to dismissal. If the employer fails to carry out these measures, a fine of up to KRW 5,000,000 is imposed.

2. Possibility of Criminal Punishment

There is no separate criminal provision specifically targeting the harassment act itself; however, depending on the nature of the conduct, criminal charges under the Criminal Act (형법) — such as assault (폭행), intimidation (협박), defamation (명예훼손), or insult (모욕) — may apply. The Ministry of Employment and Labor's administrative interpretation also acknowledges that harassment and criminal offenses can overlap.

Sanctions Against the Employer (Company)

In particular, the prohibition on disadvantageous treatment of the victim (Article 76-3, Paragraph 6 / 제76조의3 제6항) carries criminal penalties. If an employer dismisses, transfers, reduces the wages of, or otherwise disadvantages an employee for making a harassment report, the employer may face criminal punishment.

Note for foreign workers: Your employment contract may set terms different from the statutory minimum, but the protections above apply regardless of contract language.

Reporting Procedure and Victim Protection

1. Internal Report: File a report through the reporting channel specified in the company's work rules (e.g., HR department, grievance committee).
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 (지방고용노동청).
3. Protection During the Investigation Period: Upon the victim's request, the employer must take interim protective measures such as a change of workplace or the granting of paid leave.

Evidence Collection Is Critical

Whether harassment is recognized ultimately depends on evidence. Systematically preserve text messages, messenger screenshots, emails, witness statements, and medical records. Because the Ministry of Employment and Labor treats "repetitiveness" and "continuity" as important criteria, it is advantageous to keep a harassment log recording the date, location, and details of each incident.

Get Help from Bylaw (바이로)

If you have experienced workplace harassment, you can quickly check similar cases and judgment criteria using Bylaw's AI labor law search at workbylaw.com. The complaint drafting assistant feature also helps you systematically prepare a complaint for submission to the Ministry of Employment and Labor.

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