How to File a Criminal Complaint for Workplace Harassment and Manage Legal Risks
Workplace Harassment: When Does It Escalate to Criminal Charges?
Workplace harassment, in and of itself, is not subject to criminal punishment.
However, if the conduct constituting harassment also satisfies the elements of crimes under the Criminal Act—such as assault, intimidation, insult, or defamation—criminal charges may be filed
(Criminal Act Articles 260, 307, and 311).
Many cases are resolved through internal reporting procedures, investigations, and personnel measures within the company. The issue arises when internal procedures fail to function effectively, or when the reporting itself results in retaliation.
Where a superior in a position of dominance repeatedly engages in verbal abuse, publicly humiliates an employee, or where exclusion and isolation persist over an extended period, the matter goes beyond a mere internal workplace conflict.
If psychological harm accumulates to the point that daily life or continued employment becomes difficult, and the harassment conduct satisfies the elements of a criminal offense, criminal prosecution may be considered. In such cases, civil claims for damages may also be pursued
(Supreme Court Decision, November 25, 2021, Case No. 2020Da270503).
The point at which one considers how to file criminal charges for workplace harassment should not be when emotions erupt, but when it is possible to calmly assess whether the objective legal requirements are met.
For those enduring anxiety and fear alone, this article aims to clarify that there is a clearly defined area in which the law can provide protection.
Types of Workplace Harassment That May Lead to Criminal Charges
In practice, workplace harassment cases that escalate to criminal complaints tend to follow identifiable patterns.
If repeated verbal abuse constitutes the offense of insult (Criminal Act Article 311), or if facts—true or false—are publicly alleged in a manner that damages another’s reputation (Criminal Act Article 307), criminal charges may be sufficiently supported.
By contrast, private errands unrelated to work or excessive workloads may not, by themselves, meet the threshold for criminal punishment. However, if such conduct is accompanied by assault or threats, offenses such as coercion (Criminal Act Article 324) may be examined.
Deliberately excluding an individual from meetings or work-related communications, or publicly labeling someone as a “problem employee” in front of others, also constitutes a serious matter.
In particular, if retaliatory actions—such as disadvantages in personnel decisions, downgraded evaluations, or involuntary transfers—follow after harassment is reported, the legal gravity of the case increases significantly.
Workplace harassment does not require repetition as an absolute condition. Even a single act may be recognized if it constitutes a serious infringement of personal dignity.
Nevertheless, for criminal prosecution, each offense must satisfy its specific statutory elements. In cases of insult or defamation, requirements such as publicity and factual allegations must be met
(Criminal Act Articles 307 and 311).
Criminal Complaint Procedure and Key Pre-Filing Considerations
In workplace harassment cases, accuracy in preparation and sequencing matters more than the procedure itself. The overall process typically proceeds as follows:
- Collection of Evidence and Organization of Facts
Secure objective materials such as recordings, messenger conversations, emails, internal notices, and witness statements. Organize the incidents chronologically by date, location, and conduct.
- Review of Internal Reporting Options
Under Article 76-3 of the Labor Standards Act, employees may report workplace harassment to the employer, who is obligated to investigate and take appropriate measures. Internal reporting is a legal right, and retaliatory treatment against the reporter is prohibited.
- Filing a Criminal Complaint with the Competent Investigative Authority
The complaint should be drafted around the elements of applicable criminal offenses (e.g., assault, threats, insult, defamation), while also describing the broader context of workplace harassment.
- Investigation of the Complainant, Witnesses, and the Accused
Consistency and precision in statements during interviews with investigators are critical points of evaluation.
- Review of Disposition and Consideration of Follow-Up Measures
Depending on the outcome of the investigation, additional complaints, civil damages claims, or parallel labor law procedures may be considered.
Emotional expressions or exaggerated descriptions during this process can undermine credibility. Moreover, if a complaint is dismissed, filing a complaint without an objective factual basis may expose the complainant to risks of defamation claims or counter-charges.
Deciding how to file criminal charges for workplace harassment is never a matter to be taken lightly. A poorly prepared complaint can lead to further legal disputes, and this risk must be clearly understood.
How Decent Law Firm Provides Assistance
Decent Law Firm approaches workplace harassment cases not as emotional conflicts, but as matters of legal structure. We conduct advance reviews of whether criminal complaint requirements are met and design feasible strategies based on the quality and arrangement of evidence.
We also work in collaboration with labor law specialists who are former certified labor attorneys, refining expressions that could be interpreted unfavorably during statements, and responding to criminal, labor, and civil issues in an integrated manner rather than treating them separately.
The outcome of workplace harassment cases depends heavily on the initial response. The consequences of taking this issue lightly are far from insignificant.
This is precisely why a structured response is necessary. Before it is too late, we strongly encourage discussing your available options with a qualified professional.
