1. Reporting and filing of reports

(1) Reporting
1) Reporting of grievances related to sexual harassment
Article 25 of the Equal Employment Act stipulates that "employees may report grievances to employers regarding matters related to Article 12 (Prohibition of Sexual Harassment in the Workplace), Article 13 (Prevention Education on Sexual Harassment in the Workplace), Article 13-2 (Outsourcing of Sexual Harassment Prevention Education), Article 14 (Measures to be Taken in the Event of Sexual Harassment in the Workplace), Article 14-2 (Prevention of Sexual Harassment by Customers or Others) and anti-discrimination provisions, Provisions on Prohibition of Gender Discrimination according to Article 7 (Recruitment and Hiring), Article 9 (Gifts or Benefits other than Wages), Article 10 (Education, Placement, and Promotion), Article 11 (Retirement Age, Retirement, and Dismissal), Equal Pay for Equal Work within the same value labor in the same business according to Article 8 (Wages), Prohibition of Conclusion of Employment Contracts based on Marriage, Pregnancy, or Childbirth as a Reason for Terminating Employment of Female Workers according to paragraph 2 of Article 11
maternity protection provisions, Cooperation in all procedures, including the preparation and verification of relevant documents, for workers to receive maternity leave and benefits, etc., in accordance with paragraph 4 of Article 18 (Support for Maternity Leave, etc.), Article 18-2 (Spousal Childbirth Leave)
and provisions on support for reconciliation of work and family life.” Article 19 (Parental Leave), Article 19-2 (Reduction of Working Hours during Childcare Period), Article 19-3 (Working Conditions during Childcare Period), Article 19-4 (Forms of Utilization of Parental Leave and Reduction of Working Hours during Childcare Period), Article 19-5 (Other Measures for Childcare Support), Article 19-6 (Employer's Support for Returning to Work), Article 21 (Establishment and Support of Workplace Childcare Centers, etc.), Article 22-2 (Support for Family Care by Workers)
Such grievances shall be reported verbally, in writing, by mail, by phone, by fax, or through the Internet, etc., according to Article 18, paragraph 1 of the Enforcement Rules.

2) Reporting sexual harassment incidents
The Equal Employment Act stipulates in Article 14 (Measures in Case of Sexual Harassment in the Workplace) that "anyone who comes to realize the occurrence of sexual harassment in the workplace may report such fact to the employer" (paragraph 1). Accordingly, not only victims but also third parties such as colleagues or labor unions can report incidents of sexual harassment.
However, this law does not have provisions regarding measures in cases where the victim does not wish to report. The National Human Rights Commission of Korea Act stipulates in Article 32 (Resolution of Disputes, etc.) that "if it is clear that a person other than the victim does not wish to undergo an investigation in a dispute, the National Human Rights Commission may dismiss such dispute" (paragraph 3 of Article 1). If a dismissal is made, no investigation shall take place.

3) Reporting on sexual harassment by customers, etc.
The Equal Employment Act stipulates in Article 14-2 (Prevention of Sexual Harassment by Customers, etc.) that "if a person who is closely related to the performance of duties, such as customers, engages in sexual behavior or other actions that cause sexual humiliation or disgust to a worker during the course of that worker performing duties, and the worker requests resolution of the resulting grievance, the employer shall take appropriate measures, such as changing the place of work, reassigning duties, or ordering paid leave" (paragraph 1). Finance-related Acts also have provisions to protect customer service workers who are subjected to sexual harassment by customers, etc.
Therefore, victims of sexual harassment by customers or employers, supervisors, or non-worker individuals, can also report grievances.

(2) Recognition of reporting
Complaints that are related to sexual harassment and its regulations, sexual harassment by customers or others, must be made to the employer. The employer must clearly and specifically outline the methods, department in charge and procedures regarding recognizing complaints and the handling process. This can be done when composing the rules of employment, collective agreements, or labor-management consultation agreements.

2. Investigation

(1) Prompt investigation to verify facts
According to Article 14 (2) proviso of the Equal Employment Act, the employer must promptly conduct an investigation to verify the facts when receiving a report or becoming aware of sexual harassment in the workplace, otherwise the employer is subject to a fine for negligence of up to KRW 5 million Korean (Article 39(3), subparagraph 1-4).

(2) Protective measures for alleged victims during the investigation process
1) Prohibiting actions that cause sexual embarrassment for the victim during the investigation
According to this law, when conducting an investigation to verify the facts as per the Article 14(2) proviso, "the employer must take necessary measures to ensure that the victim employee or the employee who claims to be a victim (hereinafter referred to as 'victim employee, etc.') does not experience sexual embarrassment or similar emotions during the investigation process" (Article 14(2), latter part).

2) Interim measures for alleged victims
This law stipulates that "during the investigation period pursuant to paragraph 2, the employer must take appropriate measures; such as changing the workplace or granting paid leave to protect the victim employee, etc., and in doing so, the employer must not take measures is against the will of the victim employee, etc." (Article 14(3)).

(3) Prohibiting disclosure of confidential information by participants in the investigation
This law stipulates that "those 1) who have investigated the occurrence of sexual harassment in the workplace, 2) received reports regarding the investigation, or 3) otherwise participated in the investigation process, shall not disclose the confidential information they have learned during the investigation to others contrary to the will of the victim employee, etc. However, this does not apply to reporting the information related to the employer or providing necessary information upon request from relevant offices" (Article 14, paragraph 7).
If an employer violates Article 14, paragraph 7 by disclosing the confidential information to others, he or she is subject to a fine for negligence of up to KRW 5 million imposed by the Minister of Employment and Labor (Article 39, paragraph 3, clause 1-7). The Enforcement Decree sets KRW 5 million as the standard.

(4) Burden of proof
This law stipulates in Article 30 (Burden of Proof) that "in resolving disputes related to this law (including Article 26 to Article 29-7), the burden of proof shall be borne by the employer." Accordingly, in issues related to the Equal Employment Act, workers shall present or submit circumstantial evidence that allows the judges, labor relations commission members, and other decision-makers to reasonably infer the existence of grievances and damages. The burden of proof that there was no occurrence of sexual harassment or that personnel and management actions that have caused the dispute are not related to sexual harassment, shall be borne by the employer.
Generally, the burden of proof rests on the party who makes the claim. However, in employment discrimination disputes, it is often difficult for workers to prove their claims as companies do not usually disclose personnel and management information that could serve as evidence. Taking such circumstances into consideration, Article 30 of the Equal Employment Act is a legislative measure designed to facilitate workers reporting discrimination and illegal acts such as sexual harassment.
3. Handling of incidents

(1) Handling of incidents by the employer
When an employer receives a report of sexual harassment, the employer must promptly conduct an investigation to confirm whether sexual harassment indeed occurred in the workplace, and take protective measures for the alleged victim and, in the event sexual harassment did occur, take disciplinary measures against the perpetrator in accordance with Article 14(3) to (5). In addition, unless there are special reasons otherwise, if the employer receives a complaint from an employee in accordance with Article 25 (Voluntary Resolution of Disputes), the employer must make efforts to handle the reported complaint directly, or delegate it to the labor-management council established under the Act on Promotion of Employees’ Participation and Cooperation within 10 days from the date of complaint to reach an autonomous resolution. If the employer handles the complaint directly, the employee must be notified of the outcome. If the complaint is delegated to the labor-management council for handling, the employee must be notified of such (Article 18(2) of the Enforcement Decree).

(2) Handling of incidents by the labor-management council
If the employer has delegated the handling of the incident to the labor-management council, the council may appoint a grievance handling member or committee to handle the incident. The Act on The Promotion of Employees’ Participation And Cooperation stipulates that "every business or workplace must establish a complaint handling committee to listen to and handle workers' complaints. However, this does not apply to businesses or workplaces with fewer than 30 regular employees at all times” (Article 26).
The complaint handling committee shall consist of no more than 3 members each, representing both labor and management. In workplaces where there is a labor-management council, the council shall appoint the member(s). However, if there is no labor-management council, the employer shall appoint the member(s) (Article 27). The complaint handling committee must notify the relevant employee of the measures taken and the outcome within 10 days after listening to the complaint (Article 28(1)). If it is difficult for the complaint handling committee to handle the matter, it shall be referred to the labor-management council for deliberation (Article 28(2)).
(3) Measures to protect victims of sexual harassment
1) Personnel measures for victims
The Equal Employment Act stipulates that "if the occurrence of sexual harassment in the workplace is confirmed as a result of the investigation under paragraph 2, the employer shall take appropriate measures, such as changing the place of work, reassignment, or granting paid leave, at the request of the victim worker" (paragraph 4). If the employer violates this, a penalty of up to KRW 5 million may be imposed by the Minister of Employment and Labor (Article 39, paragraph 3, item 1-5). The Enforcement Decree to the Act sets the penalty amount at KRW 5 million.

2) Prohibition of disadvantageous measures (secondary victimization) against the (alleged) victim
Article 14, paragraph 6 of the Act stipulates that "the employer shall not disadvantage workers or victims who have reported the occurrence of sexual harassment in the workplace, falling under any of the following:
① Dismissal, discharge, termination, or other actions equivalent to loss of status;
② Disciplinary action, demotion, reduction of wages, demotion, or restrictions on promotion, or other unfair personnel measures;
③ Failure to assign job duties, reassignment of job duties, or other personnel measures contrary to the employee's intention;
④ Pay discrimination regarding wages, bonuses, or other benefits based on discriminatory performance evaluation or peer evaluation;
⑤ Limitation of opportunities regarding vocational training and development;
⑥ Acts of bullying, assault, or verbal abuse that can cause mental or physical harm, or acts of neglecting the occurrence of such acts;
⑦ Other disadvantages that go against the will of the workers or victims who have reported the occurrence of sexual harassment.
If an employer takes adverse measures against workers or victims who have reported the occurrence of sexual harassment in the workplace, the employer may be subject to imprisonment for up to 3 years or a fine up to KRW 30 million (Article 37, paragraph 2, item 2).
However, this law also stipulates in Article 38 (Dual Punishment) that "the corporation or individual shall also be subject to the fine prescribed in the said provision, in addition to the punishment of the person who committed the act, if a representative or the legal representative of a corporation, or employer, or other employee related to the business of the corporation or individual violates Article 37. However, the fine shall not be imposed if the corporation or individual has not neglected to exercise due care and supervision to prevent the violation of such act in relation to the business." Accordingly, if an employer other than the corporation or individual takes disadvantageous actions against workers or victims who have reported the occurrence of sexual harassment in the workplace, the employer may also be subject to punishment (imprisonment for up to 3 years or a fine of up to KRW 30 million).

(4) Sanctions against perpetrators who are not employers
According to this Act, "When an employer confirms the occurrence of sexual harassment in the workplace based on the investigation pursuant to paragraph 2, the employer must take necessary measures such as disciplinary action and change of workplace against the person who committed the sexual harassment in the workplace without delay. In this case, the employer must listen to the opinion of the victim of sexual harassment in the workplace before taking measures such as disciplinary action" (Article 14, paragraph 5).
If an employer fails to take necessary measures such as disciplinary action and change of workplace against the perpetrator, the employer shall be subject to a fine of up to KRW 5 million imposed by the Minister of Employment and Labor (Article 39, paragraph 3, subparagraph 1-6). The Enforcement Decree sets the fine to a maximum KRW 5 million.

(5) Handling employee complaints due to sexual harassment by customers or others
1) Handling complaints according to the Equal Employment Act
Article 14-2 of the Equal Employment Act has been titled “Preventing Sexual Harassment by Customers or Others” since its addition on December 21, 2007. However, this provision corresponds to the protection of victims of sexual harassment by customers or others through the handling of complaints (paragraph 1) and prohibition of disadvantageous actions (paragraph 2) against (alleged) victims.
According to Article 14-2 (1), employers must take appropriate measures, such as changing the workplace, reassigning duties, or granting paid leaves, when a worker requests the resolution of complaints caused by sexual gestures or other actions that cause the worker to feel sexual humiliation or disgust during performance of duties. If the employer violates Article 14-2 paragraph 1, a fine up to KRW 3 million may be imposed by the Minister of Employment and Labor (Article 39 paragraph 4, item 2). The standards for imposing the fine is set in the Enforcement Decree as 3 KRW million.
In addition, according to Article 14-2 (2), employers must not dismiss or take other disadvantageous actions against workers who claim damages under paragraph 1 or who refuse to comply with sexual demands from customers or others. If the employer violates Article 14-2, paragraph 2, a fine up to KRW 5 million may be imposed (Article 39, paragraph 3, item 2). The standard for the fine is set in the Enforcement Decree as KRW 5 million.

2) Handling complaints under finance-related acts
The Banking Act, Insurance Business Act, Mutual Savings Bank Act, and Credit Unions Act each have provisions that require “the protection of customer service employees.” The details of these obligation provisions are similar.
For example, the Banking Act added Article 52-4 (Obligation to Take Protective Actions for Customer Service Employees) on March 29, 2016. This provision states that "(1). In operating business under this Act, a bank must take the following measures to protect employees who directly serve customers from customer verbal abuse, sexual harassment, assault, etc., when requested by the employee; 1) Separation from the customer involved and replacement of the person in charge at the request of the employee involved, 2) Assistance to employees in medical treatment and counseling, 3) Establishment of a permanent ombudsman organization for employees who provide direct customer services: Provided, That, if a bank shall have ombudsmen pursuant to Article 26 of the Act on the Promotion of Workers’ Participation and Cooperation, ombudsmen shall be appointed or commissioned for employees who provide direct customer services, 4) Other measures prescribed by Presidential Decree, including legal measures necessary for protecting employees. (2) Employees of a bank may demand that the bank take the measures specified in paragraph (1). (3) No bank shall disadvantage an employee on the grounds of the employee's demand referred to in paragraph (2).”
Article 52-4 (1) 4 of the Banking Act, “Other measures prescribed by Presidential Decree,” refers to Article 24-7 of the Enforcement Decree to the Banking Act, which is as follows: ① Where it is considered that a customer has used abusive language or engaged in sexual harassment, physical violence, or any similar offense (hereinafter referred to as "abusive language, etc.") in violation of any provision concerning criminal punishment in a relevant Act and the employee who sustains damage by such act requests that measures be taken, including: Filing a criminal complaint with the relevant investigative authority, ② Where a customer's words or actions do not violate any provision concerning criminal punishment in a relevant Act but it is considered necessary to take action, taking into consideration the degree of damage to an employee from such actions, the possibility of any damage to the employee and other employees in the future, etc. responses can include: Requesting the relevant investigative authority to take action, ③ Rendering administrative and procedural assistance to employees in taking action personally against a customer who uses abusive language, etc., such as filing a criminal complaint or charges with the relevant investigative authority and pursuing damages, ④ Conducting educational programs with regard to the code of conduct of employees, etc. to prevent or respond to customer abusive language, etc., ⑤ Other measures determined and publicly notified by the Financial Services Commission as necessary for protecting employees from such abusive language, etc.
If the bank fails to take the necessary protective measures for the employees as required under Article 52-4, paragraph 1, a fine of KRW 3 million may be imposed (Article 111, paragraph 2, item 2) by the Financial Supervisory Commission. The standard for imposing the fine is set as KRW 3 million in the Enforcement Decree.