Bullying and Sexual Harassment in the Workplace

Chapter 3. Workplace Sexual Harassment: Prevention and Response

Section 2. Responding to Reported Incidents of Workplace Sexual Harassment Ⅲ. Handling of Incidents by the Minister of Employment and Labor

Article 29-4, Article 29-5, Article 29-6, and Article 30 state that the handling of cases by the Minister of Employment and Labor is carried out by the local organizations of the Ministry of Employment and Labor (6 regional employment and labor offices, 40 local employment and labor offices, and 2 branch offices) and the labor inspectors under their jurisdiction.

1. Demand to submit compliance status reports about corrective orders

The Minister of Employment and Labor may demand that an employer submit a status report on compliance with finalized corrective orders (Article 29-4, paragraph 1).
If an employer fails to comply with a demand from the Minister of Employment and Labor to submit a report on the status of compliance with corrective orders without justifiable reasons, including cases where Article 29-4, paragraph 1 of the Act (including cases where Article 29-5, paragraph 4 and Article 29-6, paragraph 3 apply) is violated, a fine of up to KRW 5 million may be imposed (Article 39, paragraph 3, subparagraph 9). However, the Enforcement Decree sets different fine amounts of KRW 2 million for the first violation, KRW 4 million for the second violation, and KRW 5 million for the third and subsequent violations (Article 29-4, paragraph 2).

2. Notification to the labor commission regarding the request for corrective action to the employer and their non-compliance

(1) Demands from the Minister of Employment and Labor for the correction of discriminatory treatment
The Minister of Employment and Labor may demand correction from any employer engaging in discriminatory treatment (Article 29-5, paragraph 1).

(2) Notification to the Labor Relations Commission
Should an employer fail to comply with a demand for correction under paragraph 1 above, the Minister of Employment and Labor shall notify the LRC of the details of the relevant discriminatory treatment. In such cases, the Minister of Employment and Labor shall notify the relevant employer and employee of such facts (Article 29-5, paragraph 2).

(3) The decision and handling by the Labor Commission
① Upon receiving notification from the Minister of Employment and Labor under paragraph 2 above, the relevant LRC shall, without delay, examine whether the discriminatory treatment has occurred. In such cases, the commission shall provide the relevant employer and employee with an opportunity to present their opinions (Article 29-5, paragraph 3).
② Articles 26~29 and 29-2~29-4 shall apply correspondingly to the following procedures and effects of LRC for its decision under paragraph 3 above. In such cases, the "date the request for correction was filed" shall be understood as the "date notification was received," "decision of dismissal" as "decision that there has been no discriminatory treatment," "interested parties" as "relevant employer and employee(s)," and "employee who has filed a request for correction" as "relevant employee" (Article 29-5, paragraph 4).

3. Expanding the effect of a finalized corrective order

(1) Filing a Complaint by the Worker
A worker who has requested corrective action for discriminatory treatment may report to the Minister of Employment and Labor if the employer fails to comply with the finalized corrective order (Article 29-4, Paragraph 2).

(2) Expansion of the effectiveness of finalized corrective orders
① The Minister of Employment and Labor may investigate whether discriminatory treatment has occurred in the workplace of an employer who has the obligation to comply with a finalized corrective order under Article 29-3 (including cases applied mutatis mutandis under Article 29-5 (4)) against other employees who are subject to the effect of the relevant corrective order. If further discriminatory treatment is found, the Minister of Employment and Labor may demand further correction (Article 29-6, paragraph 1).
② Where an employer fails to comply with a demand for correction under paragraph 1 above, the Minister of Employment and Labor shall notify the relevant Labor Relations Commission of such failure. The LRC shall, without delay, examine whether or not discriminatory treatment is given (Article 29-6, paragraph 2).

For further questions, please
call (+82) 2-539-0098 or email bongsoo@k-labor.com

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