Can You Receive Unemployment Benefits After Quitting Due to Workplace Harassment in Korea?

Many people endure workplace harassment (직장내괴롭힘) until they can no longer bear it and resign on their own — then give up on unemployment benefits (실업급여, also called job-seeker's allowance / 구직급여), assuming that voluntary resignation (자진퇴사) disqualifies them. This is not true. The Employment Insurance Act (고용보험법) provides that unemployment benefits may be paid even for voluntary resignation when there is a justified reason for leaving (정당한 이직 사유).

Note for foreign workers: Your employment contract may set terms different from the statutory minimum, but the right to claim unemployment benefits based on justified reasons for leaving applies regardless of contract language.

Legal Basis: Article 101 of the Enforcement Rules of the Employment Insurance Act (고용보험법 시행규칙 제101조)

Article 101, Paragraph 2, Attached Table 2 of the Enforcement Rules of the Employment Insurance Act (고용보험법 시행규칙 제101조 제2항 별표2) lists "justified reasons for leaving that do not restrict eligibility for benefits." Workplace harassment is explicitly included. Specifically, it is recognized through the following two pathways:

Workplace harassment under Article 76-2 of the Labor Standards Act (근로기준법 제76조의2): Where an employer or employee uses their superior position or relationship in the workplace to cause physical or mental suffering beyond the appropriate scope of work duties, or to deteriorate the working environment.
Employer's failure to address harassment: Where the victimized worker filed an internal report but the employer took no action, making it impossible to continue working.

Key Requirement: You Must Demonstrate That Continuing to Work Was Impossible

The mere fact that workplace harassment occurred is not sufficient on its own. The Employment Center (고용센터) will make a comprehensive judgment as to whether the harassment made it impossible to continue working. To support your claim, secure as much of the following evidence as possible:

Internal report records: Workplace harassment complaint forms, acknowledgment of receipt, emails, text messages, etc.
Evidence of the harassment: Audio/video recordings of verbal abuse or assault, screenshots of insulting messages, witness statements
Medical records: Psychiatric diagnoses, counseling records (e.g., adjustment disorder, depression)
Evidence of the employer's inaction: Materials showing that no action was taken after the report was filed

Summary of the Application Process

Before resigning: Secure evidence and, if possible, use the company's official internal reporting procedure.
Within 12 months of resignation: Visit the Employment Center (고용센터) in your area of residence or apply online through WorkNet (워크넷).
Submitting the separation confirmation (이직확인서): If the company recorded the reason as "voluntary resignation," submit a written statement and supporting evidence to the Employment Center explaining the workplace harassment.
Eligibility review: The Employment Center officer will verify the facts and decide whether to recognize your eligibility.

Important: Even if the company's separation confirmation states only "voluntary resignation for personal reasons," the Employment Center will make an independent judgment if the worker directly presents evidence of harassment.

Benefit Period and Amount

Once eligibility is recognized, benefits are paid at 60% of the average wage prior to separation, for a period of 120 to 270 days depending on the length of employment insurance coverage and the worker's age. For a quick estimate of your expected benefit amount, use the Unemployment Benefit Eligibility Calculator at Bylaw (workbylaw.com). You can enter your reason for leaving and calculate your estimated benefit amount all in one place.

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