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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.
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How to File an Unfair Dismissal Remedy Application
If you have lost your job without any prior notice, for reasons that are impossible to understand, or without being given any reason at all, the frustration and sense of injustice can only truly be understood by those who have experienced it. However, if you know “this,” there is no need to panic. Korean labor law clearly provides that an employer may not dismiss an employee without just cause. A dismissal that violates this rule may constitute unfair dismissal, and through a remedy application filed with the Labor Relations Commission, you may be able to seek reinstatement or monetary compensation. In fact, thousands of employees recover their rights every year through unfair dismissal remedy applications. Does This Qualify as Unfair Dismissal? Unfair dismissal refers to a dismissal made without just cause, or a dismissal carried out without following the procedures required by law. If any of the following applies to your situation, you may have grounds to suspect unfair dismissal. - The reason for dismissal is unclear or difficult to accept If you were only told something vague, such as “due to company circumstances” or “you are not a good fit,” without any specific explanation, there may be no legitimate reason for dismissal. - You were suddenly dismissed without prior notice Under the Labor Standards Act, an employer must either give at least 30 days’ advance notice of dismissal or pay at least 30 days’ ordinary wages in lieu of notice. If the employer fails to comply with this requirement, the employer may be obligated to pay dismissal notice allowance and may also be subject to criminal penalties. - You did not receive written notice of dismissal A dismissal must be made in writing, and the written notice must specify both the reason for dismissal and the effective date of dismissal. If you were only notified verbally, the dismissal procedure itself may be unlawful. - It was a managerial dismissal, but the legal requirements were not met For a dismissal due to business reasons, the employer must satisfy strict legal requirements, including urgent managerial necessity, efforts to avoid dismissal, reasonable and fair selection of employees to be dismissed, and prior consultation with employee representatives. - It was a disciplinary dismissal, but no disciplinary committee procedure was followed If the employer ignored disciplinary procedures required under the rules of employment or a collective bargaining agreement, the dismissal may be found unfair due to procedural defects. Please carefully review the points above. If any of them apply, you should actively consider filing a remedy application. How Does an Unfair Dismissal Remedy Application Proceed? Where to file and the deadline An unfair dismissal remedy application is filed with the Regional Labor Relations Commission. The deadline is within three months from the date the dismissal took effect. This is an exclusion period, meaning that once the period expires, the right to file a remedy application itself is extinguished. Procedure Once the application is filed with the Regional Labor Relations Commission, the process generally proceeds in the following order: investigation by an investigator → hearing session → decision. If either party disagrees with the decision, they may file an appeal with the National Labor Relations Commission within 10 days from the date they receive the remedial order or dismissal decision. If no appeal is filed within that period, the decision becomes final and binding. If a party disagrees with the decision of the National Labor Relations Commission, the matter may be further challenged through administrative litigation. What remedies are available? If the remedy application is accepted, the outcome generally falls into one of two categories. Reinstatement : The employee is reinstated to their original position, and the employer must also pay wages equivalent to what the employee would have earned during the dismissal period. Monetary compensation order : If the employee does not wish to return to work, they may choose monetary compensation instead. In this case, compensation is generally calculated based on the wages equivalent to the period from the date of dismissal to the date of the decision. Unlike a reinstatement order, where wages equivalent to the period from dismissal until actual reinstatement may be paid, the calculation period for monetary compensation ends on the date of the decision. Therefore, the longer the proceedings continue, the greater the difference in compensation may become between the two options. What if the company proposes a settlement during the proceedings? It is not uncommon for an employer to propose a settlement while the remedy application is ongoing. The amount of settlement compensation can vary significantly depending on the circumstances of the case. Therefore, if you receive a settlement proposal, it is important to have an expert review whether the proposed amount is appropriate. There are also several points that must be checked before entering into a settlement. Whether the settlement may affect your eligibility for unemployment benefits Whether the settlement terms include unfavorable clauses, such as waiver of future claims or litigation rights Whether there are still unpaid wages, severance pay, or other outstanding amounts separate from the settlement payment Before signing any settlement agreement, you must carefully review its contents. Can I Receive Unemployment Benefits After Being Unfairly Dismissed? Yes, you may be eligible. Unemployment benefits are generally available when the employee’s separation from employment is involuntary, rather than a voluntary resignation. Because unfair dismissal is a unilateral termination made against the employee’s will, it may be recognized as involuntary separation, making the employee eligible for unemployment benefits. You may also apply for unemployment benefits while the unfair dismissal remedy procedure is still ongoing. However, if the Labor Relations Commission later issues a reinstatement order, the employee’s unemployment status may be deemed to have been retroactively resolved as of the date of the reinstatement order, regardless of whether the employee actually returns to work or receives wages. As a result, there may be situations where unemployment benefits already received must be returned. This is something you should keep in mind in advance. You should also confirm in advance whether you meet the eligibility requirements, such as having at least 180 insured working days under employment insurance during the 18-month base period prior to the date of separation. You Do Not Have to Go Through This Difficult Process Alone What can go wrong if you handle it alone? In an unfair dismissal remedy case, the employer bears the burden of proving that the dismissal was justified. However, in practice, employees may still be placed at a disadvantage if they fail to secure proper evidence or make procedural mistakes. Employers often immediately appoint legal counsel or certified labor consultants to respond to the claim. This creates a significant gap in information and preparation from the very beginning. In particular, when a settlement proposal is made, it can be extremely difficult to determine on your own whether the proposed amount is reasonable or whether the settlement terms contain unfavorable provisions. You must also strategically decide which option is most beneficial for you: reinstatement, monetary compensation, or settlement. A single mistake in the early stages can completely change the outcome of the case. How Decent Law Office Can Help - Review of the dismissal circumstances and assessment of unfair dismissal We carefully analyze the circumstances of the dismissal, the stated reasons, and the procedures followed, and first assess the likelihood of obtaining relief. - Preparation of remedy application documents and representation throughout the procedure From preparing the application to responding at the hearing session, we assist you throughout the entire Labor Relations Commission process. - Settlement negotiation support We review whether the employer’s settlement proposal is appropriate and negotiate toward terms that are more favorable to our client. - Strategic selection of the best direction — reinstatement, monetary compensation, or settlement Our goal is not simply to “win.” We develop a strategy aimed at achieving the best possible outcome based on each client’s circumstances and objectives. If you have unfairly lost your job, Decent Law Office will stand with you until the end. Before it is too late, we recommend seeking legal advice first.
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Why You Should Never Ignore Interest and Criminal Liability for Unpaid Severance Pay
If you are delaying severance payments because “the company is facing financial difficulties” or “we are still discussing payment with the former employee,” you need to review your legal obligations immediately. Once 14 days have passed after an employee's resignation, both statutory interest and potential criminal liability may begin to accrue. When Must Severance Pay Be Paid? Under Article 9 of the Korean Employee Retirement Benefit Security Act, severance pay must be paid within 14 days from the employee's date of retirement. In exceptional circumstances, the payment deadline may be extended by agreement between the employer and the employee. However, even where the payment deadline has been extended by agreement, legal liability may still arise. Moreover, an agreement extending the payment date does not automatically resolve issues relating to delay interest, which requires separate legal consideration. Interest on Unpaid Severance Pay Can Be Significant If severance pay remains unpaid beyond the 14-day statutory period, delay interest accrues from the following day at an annual rate of 20% under Article 37 of the Korean Labor Standards Act and Article 17 of its Enforcement Decree. This rate is approximately four times higher than the general statutory civil interest rate of 5% per annum. Example KRW 30,000,000 (Severance Pay Principal) ↓ + KRW 6,000,000 (Delay Interest After One Year) Even if the parties agree to extend the payment deadline, delay interest is not automatically waived, and the longer the dispute continues, the greater the financial burden becomes. An extension agreement alone does not eliminate delay interest unless there is a separate legal basis supporting such waiver. Can Employers Actually Be Criminally Prosecuted? Yes. Failure to pay severance pay may constitute a criminal offense punishable by up to three years' imprisonment or a fine of up to KRW 30 million under Article 44 of the Employee Retirement Benefit Security Act. This is not merely an administrative violation—it may result in a criminal record. When a complaint is filed, a labor inspector from the Ministry of Employment and Labor will investigate the facts. If the employer is found to have intentionally avoided payment or lacked any genuine intention to pay, the case may be referred to prosecutors for criminal proceedings. Particularly where multiple employees at the same workplace have not received severance payments, authorities may view the conduct as intentional, increasing the likelihood of prosecution. What Should You Do Now? 1. Pay Immediately If Possible Even a partial payment may help demonstrate good faith and may be viewed favorably when assessing intent. 2. If Full Payment Is Not Possible, Execute a Written Installment Agreement Verbal agreements are difficult to prove in the event of a dispute. A properly documented written agreement can help reduce future conflicts and clarify the payment schedule. 3. Seek Legal Advice Early if a Complaint Has Been Filed or an Investigation Has Begun Statements made during a labor investigation can directly affect subsequent criminal proceedings. Establishing an appropriate legal strategy from the outset is critical. Time Is Not on the Employer's Side The longer severance pay remains unpaid, the more unfavorable the situation becomes for the employer. Interest continues to accumulate, and disputes tend to escalate. Obtaining accurate legal advice at an early stage can ultimately reduce both financial exposure and legal risk. At Decent Law Firm, we assist employers with labor investigations, criminal complaints relating to unpaid severance pay, and dispute resolution strategies. Before the situation worsens, consider obtaining legal advice as early as possible.
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Penalties for Unpaid Wages: If You Are an Employer, This May Be Your Critical Opportunity to Respond Properly
Unpaid Wages Are No Longer Just a “Civil Matter” Failure to pay wages is no longer treated as a simple contractual or civil issue. It may result in criminal liability under the Labor Standards Act. In particular, recent legislative amendments have significantly strengthened the maximum penalties applicable to employers involved in unpaid wage cases, increasing the maximum sentence from up to three years’ imprisonment to up to five years’ imprisonment. Under the revised law, the maximum penalty for employers responsible for unpaid wages has been increased from: Up to 3 years’ imprisonment or a fine of up to KRW 30 million to: Up to 5 years’ imprisonment or a fine of up to KRW 50 million This means unpaid wage cases are no longer matters that simply end with administrative fines. Employers must now realistically consider the possibility of actual imprisonment. The Initial Response During the Investigation Stage Determines the Outcome The moment a criminal complaint regarding unpaid wages is filed, criminal proceedings effectively begin. At this stage, the following factors become critically important: ① Whether there was intentional misconduct ② The employer’s actual financial ability to make payment ③ Efforts made toward repayment or settlement Investigative authorities do not focus solely on whether wages were unpaid. They place significant weight on how the employer responded to the situation. Depending on the employer’s initial statements and conduct, the case may be viewed either as: “Malicious and intentional nonpayment of wages,” or “An unavoidable financial or managerial difficulty” This distinction often has a direct and substantial impact on the severity of punishment. Why Legal Representation Matters One of the biggest mistakes employers make in wage-related cases is assuming: “I’ll just attend the investigation first and deal with it later.” However, once a statement is submitted during an investigation, it cannot easily be reversed. Legal counsel plays an essential role in areas such as: Legally restructuring and explaining the circumstances surrounding the unpaid wages Organizing evidence demonstrating payment intent and repayment efforts Designing settlement strategies and determining the appropriate timing Establishing an effective response strategy toward investigative authorities In unpaid wage criminal cases, whether and when a settlement is reached often becomes one of the most decisive factors affecting the final outcome. There are many cases where employers either attempt settlements recklessly or, conversely, neglect the matter entirely, ultimately worsening the situation. Improper handling of the case may lead not merely to fines, but to actual imprisonment. This is therefore not an issue that should ever be taken lightly. Decent Law Firm’s Response Strategy Decent Law Firm approaches unpaid wage cases not merely from the perspective of defense, but with a primary focus on minimizing criminal liability and overall legal risk. Our main response strategies include: Analyzing the structural causes of unpaid wages and narrowing the scope of liability Establishing strategies to demonstrate lack of intentional misconduct Designing phased settlement processes Simultaneously managing criminal proceedings and related civil risks In particular, wage-related disputes arising during business operations require a structural and strategic approach rather than the type of response typically used in ordinary individual disputes. By combining expertise in both labor law and criminal law, Decent Law Firm provides strategies focused on achieving practical and meaningful results. Now that criminal penalties have already been significantly strengthened, the decisions made at this stage may ultimately determine whether criminal punishment is imposed. If you are currently facing concerns regarding this issue, establishing the right direction now may substantially change the outcome of the case. This is not the time to allow the problem to escalate. It is the time to strategically control and minimize legal risk.
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Winning an Unfair Dismissal Case: What You Need to Know About Remedies and Strategic Response
Criteria and Legal Framework for Unfair Dismissal Under Article 23 of the Labor Standards Act, an employer may not dismiss an employee without just cause. Accordingly, whether a dismissal is lawful is generally assessed based on three key factors. 1) Justifiability of the Grounds for Dismissal A minor mistake or a relatively light disciplinary issue is generally not sufficient to justify termination of employment. 2) Legality of the Procedure If the employer failed to follow the disciplinary procedures set out in the rules of employment or collective agreement, or failed to provide the employee with a sufficient opportunity to explain or defend themselves, the dismissal may be deemed procedurally defective. 3) Proportionality of the Dismissal If other employees received only warnings for the same or similar conduct, while only one specific employee was dismissed, the dismissal may be considered excessive. In such cases, the nature and seriousness of the misconduct, the purpose of disciplinary action, and the standards for determining disciplinary measures are assessed comprehensively. If the disciplinary measure is found to be objectively and clearly unreasonable, it may be deemed a violation of the principle of equality. These factors are assessed as a whole. If the dismissal fails to meet these standards, there is a high possibility that the Labor Relations Commission may issue a remedy order, or that a court may render a judgment invalidating the dismissal. Key Evidence Required to Win an Unfair Dismissal Case In an unfair dismissal case, the most important element is evidence. If you begin searching for documents only after receiving notice of dismissal, it may already be difficult to secure key materials. The following materials may play a critical role: Written notice of dismissal or disciplinary notice Performance evaluation records and work performance documents Company rules of employment and personnel regulations Emails and messenger conversation records Statements from colleagues or internal company notices These materials serve as essential evidence to prove that the grounds for dismissal were unjustified. In actual cases, whether sufficient evidence has been secured often significantly affects whether the dismissal is recognized as unfair and whether remedies are granted. In particular, if the company claims redundancy dismissal based on “managerial necessity,” objective materials must be secured to refute whether the employer satisfied the separate requirements under Article 24 of the Labor Standards Act, including urgent managerial necessity, efforts to avoid dismissal, reasonable and fair selection of employees subject to dismissal, and sincere consultation with employee representatives. If the dismissal is based on disciplinary grounds such as “work attitude issues,” evidence is needed to prove that such grounds are unjustified. Why Legal Representation Matters in Unfair Dismissal Cases An unfair dismissal case cannot be resolved simply by arguing that the dismissal was unfair. In Labor Relations Commission proceedings, an application for remedy must be filed within three months from the date of unfair dismissal. The process requires systematic preparation, including drafting the application, responding to the employer’s submissions, submitting evidence, and preparing for the hearing. In addition, employers usually respond with assistance from certified labor consultants or legal professionals. If an employee proceeds alone, they may be placed at a disadvantage in procedural and strategic aspects. Professional assistance is especially important in the following areas: Organizing the legal issues of the case Developing a strategy for collecting and organizing evidence Preparing for Labor Relations Commission hearings Establishing a strategy for reinstatement and claims for wages equivalent to lost earnings An unfair dismissal case is not just a simple dispute. It can significantly affect one’s future employment and career. Therefore, to increase the possibility of obtaining relief for unfair dismissal, a strategic approach from the initial stage is crucial. If the issue is taken lightly and the timing for response is missed, it may lead to consequences that are difficult to reverse. A careful approach is essential. Decent Law Firm’s Strategy for Unfair Dismissal Cases Because unfair dismissal is directly connected to an individual’s livelihood, it requires a careful approach that goes beyond basic legal response. Based on our experience in labor cases, Decent Law Firm supports clients in the following ways. First, we closely review the lawfulness of the grounds and procedures for dismissal at the initial stage and objectively assess the likelihood of success in an unfair dismissal case. Second, we systematically design an evidence preservation strategy and present persuasive materials during Labor Relations Commission hearings. Third, we establish a tailored response strategy based on the client’s objectives, including reinstatement, claims for wages equivalent to lost earnings, and potential settlement. Our goal is to provide practical support to those facing unfair dismissal. Rather than attempting to resolve the matter alone, working with professionals to develop a strategy can become a decisive turning point in the direction of the case. If you have received an unfair notice of dismissal, the initial response can determine the outcome. Accurate analysis and strategic response are essential to increasing the likelihood of success in an unfair dismissal case.
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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 still be considered unfair dismissal when the actual circumstances are examined. The legality of terminating a regular employee is not determined solely by the employer’s claims. Objective evidence and procedural fairness are the key factors. What Must Be Prepared Immediately After Receiving a Notice of Termination If you receive a notice of termination, it is important to avoid emotional reactions and systematically secure relevant evidence, including: Personnel appointment or transfer documents Notices regarding disciplinary committee proceedings Messages encouraIn addition, applications for relief before the Labor Relations Commission must generally be filed within three months from the date of dismissal pursuant to Article 28(2) of the Labor Standards Act. The three-month period is generally calculated based on the termination date stated in the notice of dismissal. However, if the notice lists a termination date that has already passed, the period may instead be calculated from the date the employee actually received the notice. It is also important to establish clear objectives and legal strategies, such as: Claims for wages equivalent to lost earnings Requests for reinstatement to the original position Without proper preparation, there is a significant risk that the employer’s arguments may prevail, leading to an unfavorable outcome. Why Legal Representation Matters Labor disputes involve both emotional and complex legal elements. Employers typically respond with the support of internal documentation and legal counsel. By contrast, employees who respond alone often face difficulties fully asserting their rights due to procedural mistakes or insufficiently organized arguments. In termination cases involving regular employees, it is necessary to carefully dispute issues such as: The specificity and legitimacy of the grounds for dismissal Whether the principle of proportionality was violated Whether the disciplinary measures imposed were appropriate A consistent strategy must also be established with future proceedings in mind, including: Applications for relief before the Labor Relations Commission Appeals before the National Labor Relations Commission Subsequent administrative litigation Professional legal intervention is therefore not merely about drafting documents — it is about determining the overall direction and strategy of the case. Decent Law Firm’s Legal Support In cases involving the termination of regular employees, Decent Law Firm structures the factual background of the case from the initial consultation stage and designs evidence preservation strategies tailored to the dispute. We also provide systematic support throughout the entire process, including: Applications for relief before the Labor Relations Commission Analysis of employer response submissions Hearing preparation and litigation strategy development Based on our understanding of corporate HR structures and disciplinary procedures, we proactively anticipate employer arguments and prepare effective counterpoints in advance. The termination of a regular employee is a critical turning point that can affect an individual’s career and livelihood. It is not a matter that should be delayed or approached lightly. Legal rights ultimately belong to those who actively assert them. Prompt and strategic action is often what determines the final outcome.
