Workplace harassment in Korea — what the law makes your employer do about it

Harassment at work is not a matter of workplace culture in Korea. Since 2019 it has been prohibited by name in the Labor Standards Act, with a duty on the employer to investigate and a criminal penalty for punishing whoever reports it.

Short answer

Prohibited      using a position or relationship advantage to cause physical or mental
                suffering beyond the proper scope of work, or to worsen the working
                environment                                        (Art. 76-2)
Reporting       ANYONE who becomes aware of it may report it       (Art. 76-3(1))
Employer must   investigate WITHOUT DELAY and objectively          (Art. 76-3(2))
                protect you during the investigation               (Art. 76-3(3))
                act on the finding, against the perpetrator        (Art. 76-3(5))
Retaliation     up to 3 years in prison or a 30 million won fine   (Art. 109(1))
Employer as     administrative fine of up to 10 million won        (Art. 116(1))
perpetrator

The definition

Article 76-2:

An employer or a worker shall not, by taking advantage of superiority in rank or relationship in the workplace, cause physical or mental suffering to another worker beyond the proper scope of work, or worsen the working environment.

Two elements: an advantage in rank or relationship, and conduct beyond the proper scope of work. Instruction, correction and criticism inside the proper scope of the job are not what this article covers; the line is whether the conduct still belongs to the work.

It binds workers as well as employers, so a colleague or team leader is covered too.

What the employer has to do

Article 76-3 is the operative provision, and it is a sequence of duties:

①  ANYONE aware of harassment may report it to the employer
   — not only the person affected

②  On receiving a report OR becoming aware of it, the employer shall
   WITHOUT DELAY conduct an objective investigation of the parties

③  DURING the investigation, where necessary to protect the affected worker
   (or a worker claiming to be affected), the employer shall take appropriate
   measures — change of workplace, paid leave and so on
   → and shall NOT take measures AGAINST THAT WORKER'S WISHES

④  Where harassment is confirmed and the affected worker requests it,
   the employer shall change the workplace, reassign, order paid leave, etc.

⑤  Where it is confirmed, the employer shall WITHOUT DELAY discipline the
   perpetrator or change their workplace as necessary
   → and shall hear the affected worker's views BEFORE doing so

⑥  The employer shall NOT dismiss or otherwise disadvantage the person who
   reported it or the affected worker

⑦  Investigators, those who receive the report, and anyone involved shall not
   disclose what they learn against the affected worker's wishes
   (except reporting to the employer or supplying information to authorities)

Paragraph 3's last sentence is easy to miss and important: measures meant to protect you cannot be imposed on you against your will. Being moved to a worse shift "for your own protection" is not what the provision authorises.

Paragraph 5 does the same on the other side — discipline of the perpetrator comes after your views are heard.

Retaliation is the most heavily punished part

Article 109(1) lists a breach of Article 76-3(6) — dismissing or disadvantaging a reporter or affected worker — alongside wage offences: up to 3 years' imprisonment or a fine of up to 30 million won.

That is heavier than the penalty on the harassment itself, and it is deliberate. The risk the law targets is that reporting costs you the job.

Article 116(1) — where the employer is the one who committed the harassment, an administrative fine of up to 10 million won.

Article 116(2) covers breaches of Article 76-3(2), (4), (5) and (7) — failing to investigate, failing to act on a confirmed finding, or leaking the investigation: administrative fine of up to 5 million won.

It can also be an occupational disease

Industrial Accident Compensation Insurance Act, Article 37(1)2(c) treats as a work-related disease:

a disease caused by occupational mental stress arising from workplace harassment, abusive language from customers and the like (Labor Standards Act, Article 76-2)

This is not a footnote. It means treatment and, where you cannot work, 70% of average wage in temporary disability benefit — through COMWEL, not through your employer. See work injury compensation.

Claims are made by the person entitled (Article 36(2)), and the general limitation is three years (Article 112(1)).

What is different when you are a foreign worker

Nothing in Article 76-2 or 76-3 turns on nationality. What changes in practice is evidence and language.

1  Write down what happened, in your own language, on the day it happens
   — date, time, place, who was present, what was said
2  Keep messages. Screenshots do not disappear when you leave the job.
3  Report to the employer in writing. Paragraph 1 lets ANYONE report, so a
   colleague can also report on your behalf.
4  Ask for an interpreter for the investigation interview under paragraph 2.
   An investigation you cannot follow is not an objective one.
5  If nothing is done, or if you are punished for reporting, call 1350.

For E-9 workers there is one more route. Ministry Notice No. 2021-30 lists sexual harassment, sexual violence, assault or habitual verbal abuse by the employer — and the same by colleagues or the employer's family within the employer's sphere of control — as grounds to change workplace without using up one of your changes. See changing workplace on an E-9.

Frequently asked questions

My manager shouts at everyone, not just me. Article 76-2 does not require that you were singled out. The test is superiority in rank or relationship plus conduct beyond the proper scope of work.

I am afraid reporting will get me fired. That specific act is what Article 76-3(6) prohibits and what Article 109(1) punishes with up to three years' imprisonment. It is the most heavily penalised part of the provision.

Can someone else report for me? Yes. Paragraph 1 says anyone who becomes aware of the facts may report them.

The company investigated and told my whole team about it. Paragraph 7 prohibits disclosing what was learned in the investigation against your wishes, and Article 116(2) attaches an administrative fine.

Sources

Labor Standards Act (근로기준법)
   [in force 2026-08-20] [Act No. 21373, amended 2026-02-19]
   Art. 76-2 (prohibition of workplace harassment, added 2019-01-15)
   Art. 76-3 (measures on occurrence), paras 1 to 7
   Art. 109(1) (penalties — retaliation) · Art. 116(1)(2) (administrative fines)
   https://www.law.go.kr/법령/근로기준법

Industrial Accident Compensation Insurance Act (산업재해보상보험법)
   Art. 37(1)2(c) — harassment-induced mental stress as an occupational disease
   Art. 36(2) (claim) · Art. 112(1) (three-year limitation)

Ministry of Employment and Labour Notice No. 2021-30 — grounds for changing workplace

Ministry of Employment and Labour: 1350 · COMWEL: 1588-0075