Workplace Harassment Complaints: Procedures and Legal Strategies Explained by an Attorney
What Is Workplace Harassment? Start with the Legal Definition
On July 16, 2019, the Korean Labor Standards Act was amended to introduce explicit provisions prohibiting workplace harassment.
Under Korean law, workplace harassment exists only when all three of the following elements are satisfied:
1. Abuse of Position or Relationship
The conduct must involve taking advantage of one's superior position or influence in the workplace.
2. Exceeding the Proper Scope of Work
The conduct must go beyond reasonable work instructions, supervision, or training.
3. Physical or Psychological Harm, or Deterioration of the Working Environment
The victim must suffer actual physical or emotional distress or experience a significant deterioration in working conditions.
Common examples include:
- Repeated verbal abuse, insults, or personal humiliation
- Intentionally excluding or isolating an employee from work
- Assigning excessive workloads or, conversely, giving no meaningful work at all
- Requiring personal errands or invading an employee's privacy
- Bullying or defamatory comments through social media or workplace group chats
Even a single incident may constitute workplace harassment if it is sufficiently serious. While repetition is an important consideration, it is not an absolute legal requirement.
Workplace Harassment Complaint Procedures
If you experience workplace harassment, there are generally four legal avenues available.
Step 1 – Internal Company Complaint
Under Article 76-3 of the Korean Labor Standards Act, an employer must promptly investigate any reported workplace harassment.
If an employer retaliates against an employee for making such a report—for example, through dismissal or other adverse employment actions—the employer may face up to three years' imprisonment or a fine of up to KRW 30 million under Article 109 of the Labor Standards Act.
In addition, if the employer fails to fulfill its statutory investigation obligations, an administrative fine of up to KRW 5 million may be imposed. If the employer personally committed the harassment, the fine may be up to KRW 10 million under Article 116 of the Labor Standards Act.
However, if the alleged harasser is the CEO or there is a significant risk that the company may conceal or minimize the incident, it is often more effective to proceed directly with an external complaint.
Step 2 – Complaint to the Ministry of Employment and Labor
If the company refuses to investigate or fails to take appropriate corrective action, you may file a complaint with the competent regional office of the Ministry of Employment and Labor.
If you seek criminal sanctions for violations of the Labor Standards Act, a criminal complaint may also be filed.
A labor inspector will investigate whether the employer violated applicable labor laws.
Step 3 – Criminal Complaint
If the conduct also constitutes a criminal offense, you may file a criminal complaint with the police or prosecutors.
Depending on the circumstances, workplace harassment may constitute offenses such as:
- Insult
- Defamation
- Assault
- Coercion
For example, repeated verbal abuse or insults made in the presence of others may constitute the crime of insult, while unwanted physical contact or use of force may constitute assault.
Step 4 – Civil Lawsuit for Damages
Regardless of any criminal proceedings, victims may pursue civil compensation for the physical and psychological harm suffered.
Potential damages may include:
- Psychiatric treatment expenses
- Emotional distress
- Loss of income
- Costs associated with changing employment
Claims may be brought not only against the individual perpetrator but also against the employer under the doctrine of employer liability provided by the Korean Civil Act.
A Real Case We Successfully Handled
A woman in her twenties endured daily verbal abuse from her team leader for nearly two years.
Initially, she believed there was no way to prove what had happened.
Working together with Decent Law Firm, we systematically organized the available evidence, including:
- KakaoTalk messages
- Witness statements from coworkers
- Medical records from a psychiatrist
We simultaneously pursued both a labor complaint and a criminal complaint.
As a result, the client received KRW 25 million in settlement compensation, and the team leader was criminally convicted and fined for the offense of insult.
Why Work with Decent Law Firm?
Workplace harassment cases require a carefully planned legal strategy from the very beginning—especially during the evidence preservation stage.
Reporting the incident prematurely or disclosing evidence without a strategy may weaken your legal position.
Our attorneys assist clients by:
- Developing comprehensive evidence preservation strategies
- Determining the most effective combination and sequence of internal complaints, labor complaints, and criminal proceedings
- Protecting employees from retaliation, including disciplinary actions or dismissal, and pursuing legal remedies when retaliation occurs
- Leading settlement negotiations and seeking fair compensation for all damages suffered
At Decent Law Firm, we have extensive experience handling employment and labor disputes.
Drawing on practical experience gained from both major corporate legal departments and small-to-medium-sized businesses and startups, we provide consistent legal representation from the initial consultation through the final resolution of your case.
