From the moment a report is received, the company has a duty to investigate. If the company delays the investigation or reaches a conclusion after hearing only one side, this can become grounds for a complaint by the victim to the Regional Employment and Labor Office (노동청), or for a lawsuit by the offender to invalidate the discipline (징계무효 소송).
From Receiving a Report to Taking Action
- ReceiptRegardless of the reporting channel, record the date of receipt and explain the procedure and confidentiality to the person who reported
- Protective measuresDuring the investigation, if the victim wishes, measures such as a change of workplace or paid leave
- InvestigationInterview the victim, the offender and witnesses, secure objective materials, and give the offender an opportunity to respond
- DeterminationAn investigation committee or investigator concludes whether the conduct constitutes harassment or sexual harassment
- ActionAfter hearing the victim's opinion, discipline the offender or change the offender's workplace; at the victim's request, reassignment or paid leave
- Follow-upMonitor for secondary harm and provide training to prevent recurrence
Who Should Conduct the Investigation
| Method | When it is suitable | Points to watch |
|---|---|---|
| Internal investigation by the HR team | When the offender is an ordinary employee and the facts are simple | Check the investigator's personal ties and reporting lines with the parties |
| In-house investigation committee | When discipline is likely and the decision needs several perspectives | Gender balance in the committee's composition; exclusion of interested persons |
| Investigation by an outside expert | When the offender is an executive or close to the CEO, when trust within the company is low, or when the case is complex | State the scope of the investigation and how the report will be used clearly in the contract |
If the offender is the representative director or an executive, an internal investigation is unlikely to be accepted as fair. Having an outside lawyer or labor attorney (노무사) conduct the investigation, and placing the authority to act on the results with an independent body such as the board of directors, helps reduce disputes.
Common Mistakes in Investigations
- Bringing the victim and the offender together for a face-to-face confrontation, or urging reconciliation
- Telling the offender or other employees about the report before the investigation
- Not telling the offender the specifics of the report, so that the opportunity to respond becomes a formality
- Not obtaining the parties' confirming signatures on statement records
- Asking questions about the victim's clothing or usual behavior in a sexual harassment case
- Not taking protective measures while the investigation drags on
People who take part in the investigation must not disclose secrets they learn to others against the victim's wishes. Even when sharing the results within the company, identifying information should be removed and only the necessary information shared.
Deciding the Level of Discipline
Even when harassment or sexual harassment is confirmed, discipline must follow the grounds and procedures for discipline in the rules of employment (취업규칙). The level of discipline takes into account the content and duration of the conduct, whether it was repeated, the degree of harm, the offender's position, and the company's past precedents. If it is too light, the company may face criticism for breaching its duty to protect the victim; if it is too heavy, the offender may file an application for relief from unfair discipline.
In sexual harassment cases, courts judge the victim's sense of offense from the standpoint of an average person in the same position as the victim, and there are many cases in which a court found dismissal justified for repeated sexual harassment that abused a superior position. The investigation report must state the grounds for its findings of fact in specific terms in order to hold up in a disciplinary dispute.
When It Turns Into a Complaint or Lawsuit
| Other party | Procedure | Materials the company submits |
|---|---|---|
| Victim | Complaint to the Regional Employment and Labor Office (노동청) (breach of duty to investigate and act); damages lawsuit | Records of receipt, details of protective measures, investigation report, notice of the results of action |
| Offender | Application for relief from unfair discipline; lawsuit to invalidate discipline | Evidence for each ground for discipline, records of giving the opportunity to respond, grounds for the level of discipline |
| Sexual harassment victim | Application for corrective order to the Labor Relations Commission (노동위원회) | The content and timing of the measures taken, materials showing there was no disadvantageous treatment |
Company Duties and Penalties
| Subject | Legal basis | Summary |
|---|---|---|
| Investigation, protection and action for harassment | Labor Standards Act (근로기준법) Article 76-3 | Prompt and objective investigation, protective measures for the victim, and discipline of the offender and other action when harassment is confirmed |
| Breach of the duty to investigate and act; disclosure of secrets | Labor Standards Act Article 116 (2) | Administrative fine of up to 5 million won (500만원) |
| Disadvantageous treatment of a person who reported harassment or of a victim | Labor Standards Act Article 109 | Imprisonment of up to 3 years or a fine of up to 30 million won (3천만원) |
| Breach of the duty to investigate and act on sexual harassment | Act on Equal Employment and Support for Work-Family Reconciliation (남녀고용평등법) Articles 14 and 39 | Administrative fine of up to 5 million won (500만원) |
| Disadvantageous treatment of a sexual harassment victim | Act on Equal Employment and Support for Work-Family Reconciliation Article 14 (6) and Article 37 | Imprisonment of up to 3 years or a fine of up to 30 million won (3천만원) |
If the business owner personally committed sexual harassment, the owner is subject to an administrative fine of up to 10 million won (1천만원); if the owner committed harassment, the owner is likewise subject to an administrative fine of up to 10 million won (1천만원). A sexual harassment victim can also apply to the Labor Relations Commission (노동위원회) for correction of the business owner's breach of the duty to act.
Checklist for the Company Right After a Report
- Record the date and time of receipt and the reporting channel.
- Ask the victim which protective measures they want and put it in writing.
- Decide who will investigate and confirm that they have no interest connected to the offender.
- First preserve materials that could be deleted, such as messenger records and CCTV.
- Obtain confidentiality pledges from everyone taking part in the investigation.
- Before disciplining, check the disciplinary procedure and the disciplinary limitation period (징계 시효) in the rules of employment.
Harassment & sexual harassment investigations: frequently asked questions
The victim does not want an investigation.
Do we have to investigate an anonymous report?
The employee named as the offender says they will file a criminal complaint for defamation.
If the investigation finds it was not harassment, can the person who reported be disciplined?
Applicable law: Labor Standards Act (근로기준법), Act on Equal Employment and Support for Work-Family Reconciliation (남녀고용평등법). Written based on the laws in force on 2026-09-17. This page provides general legal information and is not legal advice on a specific case. Labor laws and court decisions change often, so decide how to respond after consulting a lawyer who has reviewed your documents, such as your contract and any notices you received.
This page is an English translation of the Korean original. If the two differ, the Korean version prevails. Korean page ›