A Case of Workplace Harassment
Bongsoo Jung, a Korean labor attorney at KangNam Labor Law Firm
III. Reporting Workplace Harassment and Employer Responsibilities
1. Distinction Between Workplace Harassment and Workplace Sexual Harassment
Under the current Gender Equality in Employment Act, "workplace sexual harassment" is defined as an employer, supervisor, or employee using their position or work-related circumstances to subject another employee to unwanted sexual behavior, causing sexual humiliation or offense, or causing disadvantage in employment or working conditions if the individual does not comply (Article 2, Paragraph 2). "Sexual behavior" includes actions, depending on the relationship between the parties, location, situation, and the explicit or presumed response of the recipient, that would objectively lead a reasonable person in the recipient’s situation to feel sexual humiliation or offense. This encompasses making unwanted sexual advances, requests for sexual favors, gender-discriminatory remarks, or treating the recipient as a sexual object or with sexual bias in words and actions.
Under the Labor Standards Act, "workplace harassment" is defined as an act by an employer or employee that abuses their position or relationship superiority at work to inflict physical or psychological suffering on another employee or worsens their work environment beyond reasonable work bounds (Article 76-2). In this case, although the department head did not engage in overtly sexual behavior toward the female employee, his persistent expressions of affection continued despite her clear rejections. In a similar lower court case, persistent contact and excessive work orders from a supervisor who had been rejected after proposing a romantic relationship were judged to constitute workplace harassment.
2. Employer Responsibilities
Under current law regarding workplace sexual harassment, the Gender Equality in Employment Act states that if sexual harassment is confirmed following an investigation, the employer must promptly take appropriate action, such as disciplinary measures or relocating the perpetrator, after consulting the employee victim on the proposed action (Article 14, Paragraph 5). Failure to comply can result in a fine of up to 5 million won (Article 39).
Regarding workplace harassment, the Labor Standards Act similarly stipulates that if harassment is confirmed, the employer must immediately take appropriate measures, including disciplinary action or relocation of the perpetrator, after consulting the victim on the proposed action (Article 76-3, Paragraph 4). Failure to comply can also result in a fine of up to 5 million won (Article 116).
In this case, the employer is obligated to assess whether workplace harassment occurred and implement appropriate disciplinary action. Generally, employers should refer to the disciplinary provisions in the company’s employment regulations to determine what disciplinary action is appropriate to take against the respondent (perpetrator) and the right protective measures for the complainant (victim).
V. Conclusion
Workplace harassment occurs in a variety of forms and is increasingly being reported rather than tolerated. This case exemplifies harassment established by continuous expressions of affection toward a subordinate in a way that leveraged workplace authority. A department head in his 40s initiating personal meetings and relationship with a female employee in her early 30s, who has only been with the company for two years and despite her clear expressions of rejection and of her discomfort, represents a classic instance of workplace harassment, as the superior used his power to infringe on the subordinate’s personal rights.
While mutual expressions of affection or romantic relationships between consenting adults are possible within the workplace, persistent expressions of affection after a clear rejection disregard the individual’s personal rights and can constitute harassment or abuse of power. Recognizing that workplace harassment can readily arise, it is essential for labor and management to foster mutual respect for personal rights, and further the development of a work culture where all employees can achieve personal growth.
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