The hard part of workplace harassment is often what happens after the report, not the report itself. Decide with a workplace harassment lawyer what to keep as evidence and whom to notify first before you act. This can help prevent unfavorable treatment.
Elements of Workplace Harassment
The Ministry of Employment and Labor (고용노동부) and the courts check whether all three elements are met. A reprimand once or twice, or dissatisfaction with a work instruction alone, is unlikely to count as harassment. They also consider how often the conduct was repeated, how long it lasted, whether it happened in a public place, and how much suffering the victim experienced.
| Element | Examples that may be recognized |
|---|---|
| Superiority in position or relationship | A superior by rank, someone close to the person with personnel authority, a majority group, regular vs. non-regular workers, differences in job skill |
| Beyond the appropriate scope of work | Verbal abuse and insults, personal errands, repeated orders unrelated to work, deliberate exclusion from work, group bullying |
| Physical or mental suffering, or a worse working environment | A diagnosis of insomnia or depression, leave of absence, circumstances that made it hard to do the job |
How to Keep Evidence
- A log of each incident with the date, place, what was said, and who was present
- Recordings of conversations you took part in (recording a conversation you are a party to does not violate the Communications Secrecy Protection Act (통신비밀보호법))
- Screenshots of messenger chats, emails, and group chat rooms, plus backups of the originals
- Work assignment charts and meeting invitation lists that show you were excluded from work
- Hospital treatment records, counseling records, and medical certificates
- Written statements from coworkers who went through or witnessed the same thing
Secretly recording conversations between other people when you are not present violates the Communications Secrecy Protection Act. Limit recordings to conversations you take part in yourself.
Reporting to the Company and Filing a Complaint with the Labor Office
Anyone can report harassment to the employer. A company that receives a report or otherwise learns of the facts must investigate objectively without delay. During the investigation, if the victim wishes, the company must provide protective measures such as a change of work location or paid leave. If harassment is confirmed, the company must take measures against the perpetrator, including disciplinary action and a change of work location, but it must hear the victim's opinion.
If the company does not investigate, or closes the investigation as a formality, or if the perpetrator is the CEO personally and you cannot expect an internal process to work, you can file a complaint (진정) with the competent Regional Employment and Labor Office (지방고용노동관서). A labor inspector (근로감독관) orders the company to investigate and take measures, and imposes an administrative fine (과태료) if the company does not comply.
- Report to the companyReport in writing through the channel set in the work rules (취업규칙), such as the HR team or a grievance handler
- Company investigationInterviews with the victim, the perpetrator, and witnesses; request to be notified of the investigation result
- Complaint to the labor officeIf the company did not investigate or take measures, or if the company representative is the perpetrator
- Separate proceduresCriminal complaint, damages claim, industrial accident application for a mental illness
If You Were Treated Unfavorably After Reporting
If a business owner treats a worker who reported, or a worker who was harmed, unfavorably, for example through dismissal, disciplinary action, an unwanted personnel transfer, or a lower performance evaluation, the owner faces imprisonment of up to 3 years or a fine of up to 30 million won. For a dismissal or disciplinary action, you can also file a remedy application with the Labor Relations Commission (노동위원회).
Whether treatment is unfavorable is judged by comparing personnel decisions before and after the report. If you list, with dates, any sudden transfer to another department, removal of duties, or lowered evaluation grade right after the report, it is easier to show the causal link.
Damages, Criminal Complaints, and Industrial Accident Claims
| Procedure | Target | Content |
|---|---|---|
| Damages claim | The perpetrator; the company (employer liability and breach of the duty of protection) | Compensation for emotional distress (위자료), medical expenses, income lost because of leave of absence |
| Criminal complaint | The perpetrator | Individual crimes such as assault, insult, defamation, threats, and coercion |
| Industrial accident application | Korea Workers' Compensation and Welfare Service (근로복지공단) | If a mental illness caused by harassment, such as depression or adjustment disorder, is recognized as an occupational disease, medical care and temporary disability benefits |
The Industrial Accident Compensation Insurance Act (산업재해보상보험법) expressly lists diseases caused by work-related mental stress from workplace harassment as occupational diseases. When you receive treatment, it is important to tell the doctor in detail how the symptoms began so that it is recorded.
Rules on Workplace Harassment
| Subject | Legal basis | Summary |
|---|---|---|
| Ban on harassment | Labor Standards Act (근로기준법) Article 76-2 | Prohibits using superiority in position or relationship to cause suffering or worsen the working environment beyond the appropriate scope of work |
| Employer's duty to investigate and take measures | Labor Standards Act Article 76-3 | Objective investigation without delay, protection of the victim, and measures such as disciplining the perpetrator |
| Violation of the duty to investigate and take measures | Labor Standards Act Article 116(2) | Administrative fine (과태료) of up to 5 million won |
| Harassment by the employer personally | Labor Standards Act Article 116(1) | Administrative fine of up to 10 million won (including a worker who is a relative of the employer) |
| Unfavorable treatment of the reporter or victim | Labor Standards Act Article 109(1) | Imprisonment of up to 3 years or a fine of up to 30 million won |
The workplace harassment rules apply to workplaces that regularly employ 5 or more workers. Even at a workplace with 4 or fewer workers, you can pursue assault, insult, and threats through a criminal complaint, and mental harm through a damages claim.
What to Check Before Reporting Harassment
- Check whether the workplace regularly employs 5 or more workers.
- Back up your incident log and your recording and message evidence separately, in storage outside the company.
- Find the harassment reporting channel and procedure in the work rules.
- Report by email or in writing rather than verbally, so the date of receipt is on record.
- Also request the protective measures you need during the investigation (separate seating, paid leave).
- If you received treatment, obtain your medical certificate and treatment records.
Workplace harassment: frequently asked questions
The CEO is the one harassing me.
The company's investigation concluded that it was not harassment.
Can I report after I have left the company?
I am worried about being countersued for a false report.
Applicable law: Labor Standards Act (근로기준법). 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 ›