Ban on workplace harassment goes into effect on July 16th, 2019 based on an amendment of the Labor Standards Act made on January 15th, 2019.
The following is the translation of the relevant LSA article.
1. Definition of the workplace harassment (LSA.76-2)
Workplace harassment is an act by an employer or an employee that causes a physical or mental affliction to other employees or deteriorates his work environment beyond the reasonable range for business by taking advantage of one’s position or superiority in relationship inside workplace.
2. Measures to be taken with regard to workplace harassment (LSA.76-3)
(1) Anyone who is aware that workplace harassment took place can report it to the employer.
(2) The employer should conduct an investigation to find a fact without delay when he receives the report or when he becomes aware that workplace harassment took place.
(3) The employer should take appropriate measures such as changing place of work or granting paid leave when they are necessary to protect the victimized employee or an employee who claims to be victim. In such a case, the employer should not take actions that go against the will of the employee.
(4) If the investigation confirms that workplace harassment actually took place, the employer should take appropriate measures such as changing place of work, assignment to other job or granting paid leave upon request of the victim.
(5) If the investigation confirms that workplace harassment actually took place, the employe should take necessary measures without delay against the offender. The measures can be discipline, change in place of work and etc. In such a case, the employer should listen to the opinion of the victim before taking actions such as discipline.
(6) The employer should not dismiss or treat disadvantageously an employee who reports work harassment or a victim of such harassment. **
** A person who violates the paragraph (6) of the Article 76-3 is punished by imprisonment of up to three years or by a fine not exceeding thirty million won. (LSA.109)
The article on the ban on workplace harassment and the relevant punishment goes into effect on July 16th, 2019.
