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

Voluntary Resignation Is Normally Not Eligible for Unemployment Benefits

Unemployment benefits (job-seeker's allowance / 구직급여) are designed for involuntary separations. In principle, if you quit on your own, you are not eligible. However, Article 58 of the Employment Insurance Act (고용보험법 제58조) and Article 101 of its Enforcement Rules (같은 법 시행규칙 제101조) provide an exception: if your resignation falls under a "justified reason for separation" (정당한 이직 사유), you may still receive unemployment benefits even after a voluntary resignation.

Workplace harassment (직장내 괴롭힘) is one of those recognized exceptions.

When Does Workplace Harassment Qualify as a Justified Reason for Separation?

Attached Table 2 of the Enforcement Rules of the Employment Insurance Act explicitly lists "being subjected to workplace harassment by the employer or a person acting under the employer's direction" as a justified reason for separation. Article 76-2 of the Labor Standards Act (근로기준법 제76조의2) defines workplace harassment as conduct that exploits a superior position or relationship in the workplace to cause physical or mental suffering beyond the appropriate scope of work, or to worsen the working environment.

Types recognized in practice include: ▲ repeated verbal abuse or humiliation, ▲ unjust exclusion from work or imposition of excessive workloads, ▲ coercion into personal errands, and ▲ group ostracism. A single unpleasant incident is less likely to qualify — continuity and repetition significantly increase the likelihood of recognition.

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

Evidence Is the Key

When reviewing whether your reason for separation is justified, the Employment Center (고용센터) requires objective documentation. Secure the following materials in advance:

• Internal complaint records: Confirmation of a harassment complaint filed within the company, and any investigation result notices
• Ministry of Employment and Labor complaint/report receipt: If you filed a complaint before or after resignation, keep the receipt number
• Communication records: Text messages, KakaoTalk chats, emails, or other messages containing evidence of harassment
• Written statements / witness confirmations: Colleague testimony obtained in writing
• Medical records: Psychiatric diagnoses such as depression or anxiety disorder caused by the harassment

Even if your evidence is limited, do not give up. Explain the full circumstances in detail to the Employment Center officer. If the separation confirmation form (이직확인서) lists your reason for leaving only as "voluntary resignation," you can request a correction through a formal objection (이의신청).

How to Apply for Unemployment Benefits

1. Obtain the separation confirmation form (이직확인서) after resignation — The employer must submit this form to the employment insurance system within 10 days of the separation date.
2. Register as a job-seeker on WorkNet — Before visiting the Employment Center, first submit a job-seeker application at WorkNet (www.work.go.kr).
3. Visit the Employment Center and apply for benefit eligibility — You must apply within 12 months of the day after your separation date. If you miss this window, the remaining number of payable days may be reduced, so apply as soon as possible.
4. Eligibility review — The Employment Center reviews whether your reason for separation is justified. Submit your workplace harassment documentation at this stage.
5. Receive job-seeker's allowance — After approval, benefits are paid following a one-week waiting period. As of 2026, the daily upper limit is 68,100 won and the lower limit is 66,048 won.

Check These Points Before You Resign

Even if the harassment is severe, going through the internal complaint procedure before resigning works in your favor. Article 76-3 of the Labor Standards Act (근로기준법 제76조의3) requires the employer to immediately investigate upon receiving a harassment complaint. If the harassment continues after you file a complaint, or if the company ignores or tolerates it, that fact itself becomes strong evidence supporting the legitimacy of your separation.

Severance pay (퇴직금) must in principle be paid within 14 days of the separation date; if delayed, a late-payment interest rate of 20% per annum applies (Article 17 of the Enforcement Decree of the Labor Standards Act / 근로기준법 시행령 제17조). If wages or severance are withheld after resignation, you may file a complaint with the Ministry of Employment and Labor.

If you are considering resigning due to workplace harassment, use the unemployment benefit eligibility checker at Workbear (workbear.kr) to verify whether your situation meets the benefit requirements. The AI search feature also lets you quickly find similar cases and assessment criteria.

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