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A Case of Workplace Harassment by a Korea Country Manager and
Its Implications

Bongsoo Jung (labor attorney, KangNam Labor Law
Firm)

 

I. Introduction
(Background of the Case)

The Korea Country Manager of a global IT company was reported for
workplace harassment and compliance violations by six of the company’s 15
employees approximately nine months after joining the company on February 1,
2024. The employees prepared written statements and filed workplace-harassment
complaints against the Country Manager. They also stated that they would resign
collectively if the company failed to take appropriate measures against the
Country Manager.

Recognizing the seriousness of the matter, the headquarters
dispatched the responsible executive to Korea in November 2024 and conducted a
thorough investigation into the case. The labor law firm handling the matter
interviewed the six employees who reported the harm, four witnesses, and the
Country Manager, who was the respondent, and then prepared and submitted an
investigation report to the company. A total of 18 acts were reported. The
investigation confirmed that 12 of those acts violated applicable laws or
company rules. The misconduct was serious, and the relationship of trust
between the Country Manager and the employees had deteriorated to such an
extent that it was difficult for the Country Manager to continue performing the
role of head of the Korean branch.

As the person responsible for overseeing the Korean branch, the
Country Manager, unlike ordinary employees, was in a position in which he was
required to actively prevent and prohibit workplace harassment. Nevertheless,
he instead used his superior position to engage in workplace harassment. In
particular, the company’s Code of Conduct imposes a higher degree of
responsibility on managers and requires them to lead by example. Considering
that there were eight violations of the Code of Conduct, the Country Manager’s
conduct was highly blameworthy. Moreover, this misconduct was identified
through complaints filed by six of his 15 subordinate employees only nine
months after he joined the company.

Accordingly, on December 30, 2024, the company notified the
Country Manager that a disciplinary committee meeting would be held and
specified the alleged misconduct. At the same time, the company proposed a
resignation by mutual agreement under which the Country Manager would receive
an additional two months’ salary if he signed a separation agreement. The
Country Manager concluded that accepting the agreed separation would be more
advantageous than appearing before the disciplinary committee and being
dismissed as a disciplinary measure, and therefore accepted the company’s
proposal.

The following sections examine in detail the Country Manager’s
acts of workplace harassment and violations of the Code of Conduct and consider
this case as an example for improving organizational culture.

 

II.
Workplace Harassment and Violations of the Code of Conduct

1. Verbal
Abuse at Company Dinners and Instructions to Give a 90-Degree Bow

(1)
Statement of Complainant 1: At the dinner held on February 1,
2024, to mark the Country Manager’s appointment, he used abusive language and
made threats. The Country Manager complained and took issue with the fact that
I used the Korean polite sentence ending ‘-yo’ at the end of my sentences. With
a stern expression, he rebuked me for not using the more formal ‘-da’ or ‘-kka’
endings. I was taken aback, so I first responded, “Understood,” and continued
the conversation, but without realizing it, I continued to use ‘-yo’ as I
normally did. The Country Manager then suddenly became enraged and began
hurling abuse and profanity at me, including: “You don’t know who the fuck I
am, do you, you bastard?” “How dare you speak so insolently!” “You son of a
bitch,” and “Do you know who you’re fucking with? How dare you use ‘-yo’ with
me!”

(2)
Statement of Complainant 2: A new employee had joined the
company, and we held a dinner that also served as a welcome gathering. The
restaurant was a raw-fish restaurant located about 10 to 15 minutes from the
office. We drank alcohol before eating, and because I do not tolerate alcohol
well, I was somewhat intoxicated. I was tired and my foot was itchy, so I was
sitting with my legs crossed. The Country Manager suddenly glared at me and
shouted, using profanity, “How the fuck can you sit there with your legs
crossed in front of me while I’m talking?”

(3)
Instructions to Give a 90-Degree Bow

I recall that this occurred about one
month after the Country Manager took office. In the morning, I greeted him with
a slight bow outside his office, and he asked me to step into his office
briefly. He then said, “Why do you greet me like that? If you are going to
greet me, do it properly with a 90-degree bow.” Until then, employees had
usually greeted one another with a slight bow or eye contact. Apparently
considering that insufficient, the Country Manager instructed employees to come
directly to him and bow at precisely 90 degrees. He also instructed me to relay
this requirement to the other employees. I was unable to tell every employee
myself, so I conveyed the instruction to Deputy General Manager Lee ○○. From
then on, whenever the Country Manager arrived at work, I went to his office and
bowed to him at 90 degrees.

 

2. Pursuit
of Personal Gain

(1) Pressure
to Purchase His Book

Less than one week after taking
office, when the Country Manager and I were alone, he first brought up the
subject of his book and asked, “I wrote a book. Haven’t you read it?” When I
said that I had not yet read it, he continued to discuss the book, saying, “How
can you not have read a book written by your Country Manager?” He made these
remarks not only in the office but also while drinking coffee after meals and
while traveling by car to outside meetings. He repeatedly raised the subject of
the book until I told him that I had purchased it.

(2) Pressure
to Participate in Gambling Golf

When playing golf with employees,
the Country Manager sometimes pressured them to gamble on the game.
Representative examples occurred when we played golf on June 25 and August 7,
2024. People like me who were relatively poor golfers inevitably lost
substantial amounts of money, and I recall losing approximately KRW 150,000
that day. Because the Country Manager created an atmosphere in which it was
difficult to refuse, I had no choice but to participate in the gambling golf
against my wishes.

(3) Demands
for Gratitude and Compensation for Bonuses

I received an incentive bonus, and the
Country Manager said to me, “Because of me, you, Executive Director, also received
money, so you should buy me a drink. We should also play a round of golf.” It
did not feel like a joke; it seemed that he genuinely meant it.

At the time, the Country Manager said that
the employees had received bonuses because he had worked hard. At an official
gathering, he said, “You should be grateful and get your act together,” and
made remarks suggesting that the employees should do something for him, such
as, “Shouldn’t you give me a cut?” and “Shouldn’t we play golf?”

 

3. Creating
Employment Insecurity by Referring to Dismissal

I understand that the Country Manager told
HR that one of the three employees in the sales division?Complainant 2,
Complainant 3, or me?had to be removed. This issue was also the principal
reason that I had a heated argument with the Country Manager on September 25.
At the time, the Country Manager said that the director of the sales team at
headquarters had instructed him to dismiss all employees on the sales team, but
that he was preventing this from happening.

While traveling in a car with the Country
Manager, he told me, in substance, “Senior management is telling me to remove
all the employees, but I am nevertheless trying to get along with them.
However, if necessary, I can remove them because senior management has already
agreed.”

 

4.
Retaliatory Verbal Abuse and Exclusion from Duties for Refusing an Improper
Instruction

(1) Improper
Demand and Refusal to Comply

At around June, the company held an event.
While I was providing an update on the event preparations, the Country Manager
raised the subject of his book. Although he did not specify the exact number of
copies, he instructed me to purchase his books using the company credit card.
The event involved more than 100 participants, and the contents of the book
were entirely unrelated to the purpose of the event, so I did not purchase the
books.

(2)
Disparagement of Work Competence

In June, I said, “I would appreciate it if you could share with
me and explain the type of marketing you wish to pursue.” The Country Manager
abruptly responded, “General Manager Kim, I do not even know whether your sword
is ready, or whether it is a short sword or something else, so why should I
share that with you?” He also said, “What if you draw your sword and there is
no blade? Let us not create an embarrassing situation for either of us.”

The Country Manager did not recognize me as an employee holding
the position of marketing manager. Instead, he dismissed me as merely an older
female employee performing sales-administration duties.

(3) Repeated
Verbal Abuse

I recall that this happened on two occasions in or around
August. The incidents in which the Country Manager shouted at me while leaving
the door to his office open caused me profound shock and humiliation. From
inside his office, with the door open, he loudly reprimanded me. As a result,
every colleague could hear him. Later, when my colleagues said, “We all heard
the Country Manager shouting,” I felt indescribable shame and humiliation.

The Country Manager showed no respect whatsoever for my work
ability or competence. Instead, he did not hesitate to shout remarks directly
at me such as, “Everyone knows you cannot do your job. If you do not know
something, ask!” After this incident, I not only lost confidence in my work but
also felt intimidated in my relationships with my colleagues.

(4)
Insinuation of an Inappropriate Relationship

At around July or August, the Country Manager asked how I had
managed to remain employed for so long and receive performance-review scores
that were not poor despite, in his view, having inadequate work ability. He
then pressed me to explain exactly what kind of relationship I had had with the
former representative director.

Suggesting that there might have been an inappropriate
relationship between us, the Country Manager said, “How have you managed to
survive here this long?” He implied that the present situation would not have
been possible unless the former representative director and I had had some
special relationship.

I believe it was extremely inappropriate for the Country Manager
to make such remarks to an unmarried female employee without any basis merely
because he considered her work ability to be poor.

(5)
Exclusion from Duties

① Exclusion from Duties 1:
Although marketing-related work had continuously been part of my
responsibilities, the Country Manager excluded me from email communications
with the Asia-Pacific regional marketing personnel and handled the work
directly.

An email concerning a request for event sponsorship dated July
17, 2024, had officially been sent to me. However, the Country Manager
deliberately excluded me and forwarded the email only to the Asia-Pacific
regional personnel. I later received the email separately from an Asia-Pacific
regional employee.

② Exclusion from Duties 2:
A press release was distributed without my knowledge. Distributing press
releases was clearly one of my duties, and the company’s internal procedure
required all press releases to be approved by the responsible Asia-Pacific
regional personnel before distribution.

When I asked the executive in charge of sales about the press
release, which had been distributed without the internal review process, I was
told, “I understand that the Country Manager and the Asia-Pacific regional
personnel discussed and finalized it together.” However, I had not been
included in that discussion.

 

III.
Assessment of Workplace Harassment by the Country Manager and Investigation
Findings

The Country Manager engaged in a total of 18 acts described
above, which were broadly classified into four categories. The following
section examines in detail whether each act constituted workplace harassment.

1. Whether
the Conduct Constituted Workplace Harassment

(1) Verbal
Abuse at a Company Dinner and Instructions to Give a 90-Degree Bow

At the dinner held to celebrate the Country Manager’s
appointment, he expressed displeasure that Complainant 1 used the Korean polite
sentence ending ‘-yo.’ The Country Manager verbally abused Complainant 1 for
not using the more formal ‘-da’ or ‘-kka’ forms and even required Complainant 1
to make a recording stating that he would correct his manner of speaking in the
future.

Text messages that Complainant 1 sent to his spouse at the time confirm
that he was extremely angry and distressed. It was also confirmed that
Complainant 1 subsequently received psychiatric treatment. This was not an
attempt to teach workplace etiquette; rather, it was conduct that humiliated
the individual and infringed upon his personal dignity. The verbal abuse
directed at Complainant 2 may be assessed in the same manner.

Regarding the 90-degree bow, the Country Manager claimed that he
had merely recommended that employees “greet one another in the morning.”
However, requiring subordinate employees to visit the Country Manager’s office
personally and bend at the waist to give him a 90-degree bow every time they
arrived at work cannot be regarded as an ordinary workplace greeting. All of
the complainants stated that the greeting was not voluntary but was compelled
by the Country Manager, and that bowing to him at 90 degrees every morning upon
arriving at work was “an extremely humiliating and uncomfortable situation” and
“a source of tremendous stress.” Accordingly, the instruction to give a
90-degree bow constituted conduct by which the Country Manager used his
superior workplace position or relationship, exceeded the appropriate scope of
work, caused employees mental distress, and worsened the working environment.

(2) Pursuit
of Personal Gain

The Country Manager stated that he had never pressured employees
to purchase the book he had written. However, all six complainants consistently
stated that, although they did not wish to do so, they had no choice but to
purchase the book because of the Country Manager’s repeated demands. In
addition, the Country Manager possessed far greater golfing ability than the
employees, making it difficult for them to defeat him, yet he intentionally
encouraged gambling on the golf games. Some subordinate employees stated that
they suffered financial losses as a result.

This conduct involved the Country Manager using his workplace
position to pursue personal gain. Even if such conduct did not directly
constitute workplace harassment, it could fall within the company’s Code of
Conduct provision on conflicts of interest prohibiting “the acquisition of an
improper benefit through the use of one’s position.”

(3) Creating
Employment Insecurity by Referring to Dismissal

In order to display his authority to employees, the Country
Manager repeatedly stated that headquarters had instructed him to dismiss the
sales employees, but that he was preventing their dismissal. However, when the
complainants checked with headquarters, it was confirmed that headquarters had
never given the Country Manager such an instruction. Repeatedly stating,
without any particular reason or objective basis, that employees could be
dismissed causes employees discomfort and a sense of threat, creates a hostile
atmosphere, and worsens the working environment. This conduct was determined to
constitute harassment prohibited by the company’s Code of Conduct.

(4)
Retaliatory Verbal Abuse and Exclusion from Duties for Refusing an Improper
Instruction

The Country Manager instructed Complainant 5 to use the company
credit card to purchase his books for distribution to participants at a company
event. However, Complainant 5 considered the instruction inappropriate and did
not follow it. Because Complainant 5 refused his improper instruction, the
Country Manager subjected her to disadvantages, including repeated verbal abuse
and exclusion from duties.

This conduct was determined not only to constitute workplace
harassment against Complainant 5 but also to violate the company’s Code of
Conduct.

 

2. The
Company’s Harassment Determination and Review of Disciplinary Measures

Of the 18 reported allegations, 12 were confirmed as acts of
workplace harassment or violations of company rules. The Labor Standards Act
provides that, where an investigation confirms that workplace harassment
occurred, the employer shall take necessary measures against the perpetrator
without delay, including disciplinary action or a change in the workplace. It
also requires the employer to hear the views of the affected employee before
taking such measures. In particular, where the employer is the perpetrator of
workplace harassment, an administrative fine of up to KRW 10 million may be
imposed (Articles 76-3 and 116 of the Labor Standards Act).

As the person responsible for overseeing the company’s Korean
branch, the Country Manager, unlike ordinary employees, was in a position in
which he was required to actively prevent and prohibit workplace harassment.
Nevertheless, he used his superior position to become a perpetrator of
workplace harassment. The company’s Code of Conduct also imposes a higher
degree of responsibility on managers than on ordinary employees and requires
managers to lead by example. Considering, among other factors, that there were
eight violations of the Code of Conduct, the Country Manager’s conduct was
highly blameworthy. It is also important that this misconduct was identified
through complaints filed by six of his 15 subordinate employees only nine
months after he joined the company. Some complainants reported suffering harm
so serious that they were receiving psychiatric counseling and treatment. The
complainants uniformly stated that their relationship of trust with the Country
Manager had effectively broken down beyond repair. These circumstances should
be given significant consideration when determining the type and severity of
disciplinary action to be imposed on the Country Manager.

 

IV.
Implications

High wages and reasonable working hours are generally considered
characteristics of a good company. However, this case demonstrates that even a
company offering excellent working conditions can truly satisfy the conditions
of a good company only when its representative or supervisors respect employees
as individuals and willingly serve as advisers and mentors for their
development.

In this case, because of one executive appointed as the Korea
Country Manager of a well-known global IT company, many employees came to
experience their working lives as hell and regarded even going to work as
painful. Therefore, when evaluating whether a company is a good employer, it is
essential to consider not only whether it provides high wages and reasonable
working hours in compliance with statutory working-hour limits, but also
whether it has established an organizational culture in which workplace members
respect one another and work toward each person’s development.

Since the prohibition of workplace harassment was introduced
into the Labor Standards Act in 2019, Korea’s workplace culture has gradually
improved. Nevertheless, many blind spots remain, and many employees continue to
suffer from coercive and authoritarian workplace cultures. Improving workplace
culture is a means of creating a society in which members can be happy together
and is a key condition for creating workplaces in which everyone can work
happily. In this respect, the workplace-harassment prohibition system has made
a significant contribution to establishing a better workplace culture. However,
the establishment of a new workplace culture requires awareness and sustained
effort from every member of the organization. Companies and employees must
remain alert to the fact that the appointment of a single misguided leader can
destroy, in an instant, an organizational culture that has been built over many
years.

Companies must establish systems to check and monitor executives
and managers, while organizational members must each fulfill their respective
roles in preserving a workplace culture of mutual respect. Only through such collective
efforts can a happy and respectful workplace culture be continuously
maintained.