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MoreWorkplace 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 er
The Revised Yellow Envelope Act Is Now in Effect: The First Thing You Need to Check
Key Changes to Articles 2 and 3 of the Labor Union Act (Yellow Envelope Act) “Does this mean our company could now be held responsible for issues involving subcontractor employees?” This is a question increasingly being raised in real business environments. The revised Yellow Envelope Act, which took effect on March 10, 2026, is not merely a technical amendment to statutory language. It represents a major institutional shift that strengthens the authority of labor unions and fundamentally redefines the scope of employers’ responsibilities. The key changes introduced by the amendment include: Substantial expansion of the definition of “employer” Expansion of the scope of recognized labor disputes New grounds for reducing or limiting damages claims against labor unions Ultimately, the core implication is clear: labor unions now possess broader bargaining power, while companies face increased legal responsibility. As a result, companies must comprehensively review their contract
Termination of Regular Employees: Key Requirements, Procedures, and Legal Considerations
What Can Make the Termination of a Regular Employee Unlawful? Under the Labor Standards Act, the termination of a regular employee is only valid when strict legal requirements are satisfied. An employer must have just cause for termination, provide the employee with a meaningful opportunity to explain or defend themselves before dismissal, and issue a written notice of termination. In cases involving managerial or business-related dismissals, additional requirements must also be satisfied, including: Urgent managerial necessity Efforts to avoid dismissal Reasonable standards for selecting employees subject to termination Prior notice to employee representatives at least 50 days before dismissal and sincere consultation procedures In practice, there are many cases where disciplinary procedures are carried out only formally, or where employees are pressured into submitting resignation letters, effectively inducing termination in substance. Even in such cases, the termination may
Must-read if you are wondering how to review an employment contract and respond effectively
Why an employment contract is not a mere “formality,” but a risk-management document Employment contracts are often treated as formal documents used simply to complete the hiring process. In reality, however, a significant number of labor disputes originate from the wording of the contract itself. In many cases, contracts are formally executed but contain provisions that fail to meet the standards set by the Labor Standards Act and other relevant laws, or they repeatedly use clauses where the actual working conditions differ from those stated in the contract. In practice, once a dispute arises, the rights and obligations of the parties—and the scope of liability—are determined based on the working conditions specified in the employment contract. For this reason, reviewing an employment contract should not be viewed as damage control after a problem occurs, but as a preventive measure designed to block disputes from arising in the first place. This process is not a simple docume
Outcomes Differ Depending on How a Severance Pay Attorney Responds
Why Do Severance Pay Disputes Keep Repeating? The primary causes of severance pay disputes lie in disagreements over the continuous service period and the method of calculating average wages. In practice, it is common to see cases where the contractual employment period is shortened despite the actual work performed, or where bonuses and various allowances are excluded from wages. Employers often justify their calculations based on internal rules or customary practices, but legal standards frequently lead to entirely different conclusions. These discrepancies are difficult for individuals to assess on their own, often resulting in employees accepting unfair settlements as they are. At this stage, review by a severance pay attorney allows for an objective assessment of whether recalculation under statutory standards is possible. Settlement Agreements and Confirmations: What Must Be Reviewed Before Signing Settlement agreements or confirmations presented during the resignation
If You Need Assistance from a Labor Law Specialist, Read This Carefully
1. In Labor Disputes, a Single Misstep Can Alter the Course of Your Life Labor disputes are not merely “disagreements with an employer.” An unjust dismissal or excessive disciplinary action can lead to permanent career disruption. Unpaid wages may escalate into criminal complaints or civil litigation. In cases involving serious industrial accidents, business owners or executive officers may face criminal liability under the Serious Accidents Punishment Act (Article 2, Paragraph 9 of the Act on Punishment of Serious Accidents, etc.). In particular, labor disputes cannot be resolved by reviewing the Labor Standards Act alone. Multiple statutes operate simultaneously, including the Trade Union and Labor Relations Adjustment Act, the Occupational Safety and Health Act, and the Serious Accidents Punishment Act. Depending on the initial response strategy, administrative sanctions, criminal liability, and civil damages risks can compound rapidly. The most dangerous decision at this
