South Korea
Overview
Please review the information below and then return to the workplace harassment prevention course.
Harassment and discrimination based on a protected characteristic are prohibited under national law. National law also provides employees protection from bullying.
Applicable Laws
The primary national laws prohibiting employment discrimination and harassment on the basis of any protected characteristic are:
- The Labor Standards Act
- The Equal Employment Opportunity and Work-Family Balance Assistance Act
- The Act on Prohibition of Age Discrimination in Employment
- The Fixed-Term Employees Act
- The Temporary Agency Workers Act and
- The Act on Employment Promotion and Vocational Rehabilitation of Persons with Disabilities.
Employers have an obligation, under the Labor Standards Act, to take measures necessary to protect employees from workplace bullying.
Protected Characteristics
Harassment or discrimination based on any characteristic set forth below is prohibited in South Korea.
- Gender
- Nationality
- Religion
- Social status
- Marital status
- Pregnancy
- Age
- Employment status
- Disability
Regional, state or other political subdivision laws may provide additional, separate standards and remedies for certain prohibited conduct.
Definitions
Sexual Harassment
Sexual harassment means that an employer, a superior or an employee causes another employee to feel sexual humiliation or repulsion by sexual words or actions by utilizing a position in the workplace or in relation with duties, or providing any disadvantages in working conditions and employment on account of disregard for sexual words or actions or any other demands, etc..
Depending on its severity, sexual harassment may constitute a criminal offense.
Workplace Harassment or Bullying
Workplace harassment means an act of incurring physical or mental suffering or a worsening of the work environment by employers or workers using their status or power to behave beyond the scope of working norms.
Typical examples of prohibited workplace harassment include: (i) assaulting or physically threatening a victim employee; (ii) repeatedly and/or continuously making an offensive statement(s); (iii) damaging an employee’s reputation by humiliating the employee or spreading rumors regarding personal matters; (iv) ordering an employee to perform personal chores unrelated to the employee’s work; (v) excluding an employee with respect to important work-related information without any justifiable grounds; and (vi) assigning little or no work to an employee for a considerable period of time without any justifiable grounds.
Filing a Claim in South Korea
A claim for employment discrimination or harassment may be filed with the Labor Relations Commission.
Employment discrimination and harassment claims may also be filed in court.
Potential Remedies
In South Korea, an employee who has experienced workplace discrimination or harassment may be entitled to monetary and other remedies. An employer may be required to take certain actions to correct or redress discriminatory harassment or violations of workplace safety standards. Potential remedies are listed below.
- Hiring
- Transfers
- Reassignments
- Promotions
- Reinstatement to a position
- Compensation for lost wages and benefits
- Damages for injury to dignity or feelings
- Cease and desist orders
Retaliation Prohibited
Employer retaliation against an employee who files a complaint relating to discrimination or harassment or is involved in the complaint process is unlawful.