In the ever-evolving global workspace, the importance of a safe, inclusive, and respectful working environment cannot be overstated. Especially in Korea, where both traditional values and modern corporate standards coexist, the role of HR in addressing workplace harassment is pivotal. This guide aims to equip HR professionals in Korea with the necessary knowledge and tools to manage harassment investigations efficiently and ethically.

 

In South Korea, "Workplace Harassment" and "Sexual Harassment in the Workplace" are legally prohibited. If a company becomes aware of such incidents, they have a specific obligation to address the matter as stated in the relevant laws.

 

 

[1] Victims' Reporting Channels

 

Victims can report harassment instances through the following channels in Korea: 

1. They can either file a complaint with the company's HR or Compliance department or blow the whistle anonymously.
2. They can file a petition with the Ministry of Employment and Labor ("MOEL"). In response, the MOEL will issue an official directive to the company, instructing them to initiate an investigation and subsequently provide a report on the findings.
3. Petitions can also be filed with the National Human Rights Commission.
4. They can apply to the Korea Worker's Compensation & Welfare Service ("COMWEL") to get compensation for psychological damage caused by a work-related accident. The COWEL then demands a statement from the company.
5. Some victims file lawsuits against the perpetrators for damage, simultaneously demanding the company's Employer's Liability.

 

 

[2] Initiating an Investigation

 

Once the company is made aware, they must begin the investigation.

 

Q1: Can the case be closed without investigation if it seems absurd?

A1: No. The MOEL has previously directed companies to reinvestigate cases where conclusions were reached only by reviewing submitted materials without proper verification through interviews with the parties involved.

 

Q2: Is an investigation required if the issue is reported to the media without a company report?

A2: Yes. If the company is made aware in any way, the company must begin the investigation.

 

Q3: Should there still be an investigation if the reporter retracts their report? 

A3: Yes. The MOEL stated that an employer must reach a conclusion after completing the investigation, even if the victim does not desire the investigation to proceed. However, if the victim clearly wishes to formally cancel the investigation and seeks alternative resolution, that can be considered.

 

Q4: Should an investigation be initiated if a third party reports but the victim doesn't want an investigation?

A4: Yes. As mentioned in A3, even if the victim does not wish for an investigation, it must still be conducted, and a conclusion must be drawn.

 

 

[3] Action towards the Reporter and Reported During Investigation

 

Separate actions must be taken, but the victim's opinion must be respected.

 

Q1: What are the measures for separation?

A1: Paid leave for the victim, standby orders(administrative leave) for the perpetrator, temporary department transfer for either party, change in reporting line.

 

Q2: Is it mandatory to put the perpetrator on standby?

A2: Not necessarily. But it's advisable if the harassment continues or if the perpetrator's actions become public knowledge, making it inappropriate for them to handle clients. Particularly in cases of sexual harassment, paid administrative leave is recommended to prevent potential further harm, destruction of evidence, and distortion of witness statements.

 

Q3: If the perpetrator is put on standby, how is their salary managed?

A3: Standby order is not a disciplinary action. As it's due to company circumstances, they typically receive 100% of their salary. For reference, if an employee cannot work due to company reasons, they should legally be paid at least 70% of their salary as 'Work Stoppage Allowance'.

 

Q4: If the perpetrator is a department head and cannot be transferred, can the company transfer the victim instead?

A4: Not against the victim's will. Employers who mistreat victims may face criminal penalties and civil liabilities.

 

 

[4] Procedures of Investigation

 

The investigation method may vary depending on the investigator, so please refer to our firm's investigation procedures posted in another article for details.

Here are the usual procedures.

1. Selection of investigator
2. Interviewing parties and witnesses
3. Compiling an investigation report or expert opinion
4. Judgment by a committee
5. Notification of results and subsequent disciplinary actions
6. (if it is an MOEL petition) Reporting results to the MOEL

 

 

[5] When Harassment is Verified

 

According to the Labor Standards Act, when harassment is confirmed, necessary actions such as taking disciplinary action against the perpetrator or changing their workspace must be taken promptly. The victim's opinion should be sought beforehand.

 

Q1: What's the appropriate level of disciplinary action?

A1: It depends on the case. Generally, courts and the Labor Relations Commission view the disciplinary level as below.

• Mild disciplinary actions: warning, reprimand, temporary wage reduction
• Severe disciplinary actions: suspension, demotion, dismissal

 

Q2: Can disciplinary actions be announced to all employees?

A2: The MOEL advises that disciplinary actions remain confidential. If necessary, employee consent is needed for disclosure. For educational purposes, (a) it should be announced solely to prevent similar cases, (b) personal identifiers should be obscured, and (c) only details of harassment and disciplinary results should be shared.

 

 

 

Handling harassment claims is a grave responsibility for HR professionals. By ensuring thorough, unbiased, and transparent investigations, HR can not only address the issue at hand but also foster a workplace culture of respect and inclusivity.

 

For any questions, please contact us using 'CONTACT US' section at the bottom of our webpage or click on the image below to send an email directly to mihyun.kim@saerolabor.com.