No employer or employee shall cause physical or mental suffering to other employees or deteriorate the work environment beyond the appropriate scope of work by taking advantage of superiority in rank, relationship, etc. in the workplace (hereinafter referred to as "workplace harassment").
[This Article Newly Inserted by Act No. 16270, Jan. 15, 2019]
(1) Anyone who has learned the occurrence of workplace harassment may report such fact to the employer.
(2) Where an employer receives a report under paragraph (1) or is aware of the occurrence of workplace harassment, he/she shall, without delay, investigate the case to ascertain the fact.
(3) Where necessary to protect employees who suffer or claim to suffer workplace harassment (hereinafter referred to as "victimized employees, etc.") while investigation under paragraph (2) is conducted, the employer shall take appropriate measures for the victimized employees, etc., such as transferring their place of work or ordering them a paid leave of absence. In such cases, the employer shall not take measures contrary to the will of the victimized employees, etc.
(4) Where the occurrence of workplace harassment is verified as a result of investigation under paragraph (2), the employer shall take appropriate measures for the victimized employees, etc., such as transferring their place of work, giving them a lateral transfer or ordering them a paid leave of absence, if the victimized employees, etc. make a request.
(5) Where the occurrence of workplace harassment is verified as a result of investigation under paragraph (2), the employer shall, without delay, take necessary measures, such as taking disciplinary measures against the perpetrator of workplace harassment or transferring his/her place of work. In such case, before taking disciplinary measures, etc., the employer shall hear opinions of the victimized employees, etc. on such measures.
(6) No employer shall dismiss employees who report the occurrence of workplace harassment, victimized employees, etc., or treat them unfavorably.
(7) A person who has investigated the occurrence of workplace harrashment under paragraph (2), a person who has received a report on the investigation, and any other person who has participated in the investigation shall not divulge the secrets learned in investigation to other persons against the will of the victimized worker, etc. However, this excludes cases in which necessary information is provided at the request of the relevant agency or the contents related to the investigation are reported to the employer.
[This article is newly established on January 15, 2019]