1. Implementing sexual harassment prevention education and posting education materials in the workplace

The prevention measures for sexual harassment, including sexual harassment prevention education, are regulated in the Framework Act on Gender Equality and the Equal Employment Act. However, the Enforcement Decree to the Framework Act on Gender Equality stipulates that "The head of national government agencies, local government agencies, and public agencies defined in Article 2 (hereinafter referred to as “national government agencies”) shall take the following measures towards preventing sexual harassment in accordance with Article 31(1) of the Act; the employers of businesses or workplaces that are not national government agencies, but are subject to Article 3(1) of the Equal Employment Act shall also take measures towards preventing sexual harassment in accordance with the same Act" (Article 20(1)). Accordingly, education towards preventing workplace sexual harassment in workplaces other than national government agencies, including government agencies, local government agencies, and schools, shall be subject to provisions in the Equal Employment Act regarding sexual harassment prevention education in the workplace.

(1) Obligation to conduct education towards preventing sexual harassment and delegating to an outside institution
1) Persons obligated to provide sexual harassment prevention education
The Equal Employment Act stipulates in Article 13 (1) (Sexual Harassment Prevention Education in the Workplace, etc.) that "Employers shall conduct education on the prevention of sexual harassment (hereinafter referred to as 'sexual harassment prevention education') every year in order to prevent sexual harassment in the workplace and create conditions for employees to work in a safe work environment." Therefore, employers are obligated to conduct sexual harassment prevention education. This does not apply to employers of workplaces where only cohabiting relatives are employed.
However, this Act stipulates that "When applying Article 13, paragraph 1 to workplaces where dispatch workers are dispatched according to the Act on the Protection, etc. of Dispatched Workers, the ‘using employer’ as defined in Article 2, subparagraph 4 of that Act shall be considered the employer under this law" (Article 34). In the Act on the Protection, etc. of Dispatched Workers, the term “using employer” refers to "a person who uses dispatched workers under a dispatch labor contract" (Article 2, subparagraph 4). “Worker dispatch” refers to "a system in which a sending employer, while maintaining employment relations with a worker after hiring, has the worker work for a using employer under the direction and order of the using employer in accordance with a worker dispatch contract" (Article 2, subparagraph 1). “Dispatched worker” refers to “a worker who is employed by a sending employer and subject to worker dispatch" (Article 2, subparagraph 5). Therefore, if a using employer has dispatched workers to a using employer’s workplace, the using employer must conduct sexual harassment prevention education for them.

2) Those obligated to attend sexual harassment prevention education
The Equal Employment Act stipulates that "Employers and employees shall receive education on the prevention of sexual harassment in the workplace" (Article 13, paragraph 2). Therefore, employers, supervisors of workplaces and all types of employees, including dispatched workers, are subject to sexual harassment prevention education, but especially employers and employees. and

3) Sexual harassment prevention education in the workplace: Content & methods
The necessary matters regarding the content, methods, and frequency of sexual harassment prevention education in the workplace are stipulated in Article 3 of the Enforcement Decree to the Equal Employment Act, and the details can be seen in Table 5.

Sexual Harassment Prevention Education in the Workplace: Content & Methods


[Content]
▪ Laws and regulations related to the prevention of workplace sexual harassment
▪ Procedures and criteria for handling workplace sexual harassment
▪ Grievance counseling and relief procedures for employees who experience workplace sexual harassment
▪ Other matters necessary for the prevention of workplace sexual harassment
[Frequency]
▪ At least once a year
[Methods]
▪ Employee training, consultations, meetings, or cyber education using information and communication networks such as the Internet, taking into consideration the size and characteristics of the business (However, the preventive education may not be recognized if it is difficult to confirm whether the content was properly delivered to employees because educational materials were simply distributed or posted, or sent via email, or announced on bulletin boards.)
▪ If the business employs fewer than 10 employees at all times and is composed of only one gender (male or female), the preventive education can be conducted by posting or distributing educational materials or promotional materials so that employees can learn the content.

4) Delegating sexual harassment prevention education to an external institution
The Equal Employment Act stipulates in Article 13-2 (Entrustment of Preventive Education of Sexual Harassment) that "Employers may delegate the implementation of sexual harassment prevention education to an institution designated by the Minister of Employment and Labor (hereinafter referred to as the ‘Sexual Harassment Prevention Education Institution’)" (paragraph 1). The designated Sexual Harassment Prevention Education Institution shall be from among the institutions designated by the Minister of Employment and Labor according to the Enforcement Decree to this Act, and shall have at least one instructor designated by the Enforcement Decree to this Act (Paragraph 3).
In accordance with this, the Enforcement Rules of this Act stipulate the delegation of prevention education as follows. The Minister of Employment and Labor shall designate the Sexual Harassment Prevention Education Institution from among the following: ① Employer organizations, ② Labor law firms under Article 7-2 of the Certified Public Labor Attorney Act, ③ Private organizations (Equal Employment Counseling Offices) that receive support for expenses under Article 23 of this Act, ④ Training and education facilities operated by business groups under Article 2(2) of the Monopoly Regulation and Fair Trade Act(Paragraph 2 of Article 6). The term "instructor designated by the Enforcement Decree to this Act" referred to in Paragraph 3 of Article 13-2 of this Act means "an instructor who has completed the training program directly conducted by the Minister of Employment and Labor, or approved by the Minister of Employment and Labor, and who has also completed instructor training with full or partial support of expenses" (Article 6 (3)). If an employer delegates the sexual harassment prevention education to the head of a sexual harassment prevention education institution, the institution shall organize a training course of at least one hour in accordance with paragraph 3 of Article 13-2 of this Act and ensure that the instructor designated under paragraph 3 of Article 6 conducts the education (Article 8).

(2) Posting of sexual harassment prevention education materials
According to the law, "Employers are required to always make available by posting and distributing the materials on sexual harassment prevention education in a place where workers can freely access" (Article 13, paragraph 3).
However, employers of workplaces with fewer than 10 employees and employers of businesses consisting entirely of the same gender (either male or female), may conduct sexual harassment prevention education by posting or distributing educational/promotional materials that allow workers to know the contents of sexual harassment prevention education, including ① relevant laws and regulations on sexual harassment in the workplace, ② procedures and criteria for handling incidents of sexual harassment in the workplace, ③ grievance counseling and relief procedures for employees who have experienced workplace sexual harassment and ④ other necessary matters for preventing sexual harassment in the workplace" (Article 3, paragraph 4). However, considering that sexual harassment can also occur in such workplaces, the measures that allow sexual harassment prevention education to be conducted only by posting or distributing educational materials or promotional materials shall be reconsidered.

(3) Sanctions for violating of regulations on sexual harassment prevention education
The Equal Employment Act stipulates that the Minister of Employment and Labor may impose a fine of up to KRW 5 million for each violation, 1) if an employer fails to provide sexual harassment prevention education in violation of Article 13, paragraph 1, 2) or fails to always post or make available the contents of sexual harassment prevention education in a place where workers can freely access in violation of Article 13, Paragraph 3 (Article 39, Paragraph 3, Item 2 and Item 3).

2. Composing and posting guidelines for the prevention of workplace sexual harassment

The Equal Employment Act stipulates that "employers must take measures to prevent and prohibit sexual harassment in the workplace in accordance with the standards set by the Minister of Employment and Labor" (Article 13, paragraph 4).
In accordance with this provision, the Enforcement Rules to this Act state in Article 5-2 (Measures for the Prevention and Prohibition of Sexual Harassment) that "employers must establish guidelines for the prevention of sexual harassment in the workplace in accordance with Article 13, Paragraph 4 of the Act, and must always post or provide them in a place where employees can freely access them" (Paragraph 1). These sexual harassment prevention guidelines should include: ① Matters related to counseling and handling of complaints regarding sexual harassment in the workplace, ② Procedures for investigating sexual harassment in the workplace, ③ Procedures for protecting victims of sexual harassment in the workplace, ④ Procedures and levels of disciplinary action against perpetrators of sexual harassment in the workplace, ⑤ Any other matters necessary for the prevention and prohibition of sexual harassment in the workplace (Paragraph 2).“

3. Utilizing an “honorary supervisor for employment equality”

The Equal Employment Act allows employers to appoint an honorary supervisor for employment equality. This honorary supervisor shall perform the following tasks: ① Provide counseling and advice to victims of discrimination and sexual harassment in the workplace, ② Participate in voluntary self-assessments and give guidance on the implementation of employment equality policies in the workplace, ③ Provide improvement plans to employers about violation of laws, and report to supervisory agencies, ④ Promote and raise awareness about the equal employment systems between men and women, and ⑤ Perform other tasks designated by the Minister of Employment and Labor for the realization of equal employment between men and women (Article 24, paragraph 2).
Therefore, employers can take measures to prevent the occurrence of sexual harassment in the workplace through voluntary self-assessments and other tasks performed by the honorary supervisor for employment equality.
The honorary supervisor for employment equality can resolve matters through consultation between labor and management or referring the matter to labor-management council for discussion (Enforcement Rules to the Act, Article 16 (3)). In principle, when the honorary supervisor for employment equality performs these tasks, it shall be done on a non-regular and unpaid basis (Article 16, paragraph 5 of the Enforcement Rules).
The Minister of Employment and Labor can appoint an honorary supervisor for employment equality from among those recommended by labor and management in the workplace, in order to promote the implementation of equal employment between men and women in the workplace (Article 24, paragraph 1). The persons eligible for such appointment are as follows: ① Members of the labor-management council or grievance handling committee under the Act on the Promotion of Employees’ Participation and Cooperation, ② Managers of labor unions or HR departments, and ③ Other persons who are considered suitable to realize equal employment between men and women in the workplace (Article 16, paragraph 1 of the Enforcement Rules).
Employers are prohibited from taking unfavorable actions, such as personnel disadvantages, against workers who have performed their duties as honorary supervisor for employment equality (Article 24, paragraph 3). If an employer violates Article 24, paragraph 3 and takes unfavorable actions against such a worker, they can be fined up to KRW 5 million (Article 37, paragraph 4, item 6).

4. Labor-Management consultation on prevention of sexual harassment in the workplace

The Act on the Promotion of Employees’ Participation and Cooperationaims to promote industrial peace and contribute to the development of the national economy by enhancing mutual participation and cooperation between workers and employers to promote the welfare of workers and sound development of enterprises (Article 1).
This law defines a labor-management council (LMC) as a consultative body established to promote the welfare of workers and the sound development of enterprises through the participation and cooperation of workers and employers (Article 3, clause 1). It also mandates the installation of such council in businesses or workplaces that employ 30 or more workers on a regular basis and have decision-making authority over working conditions (Article 4, clause 1). Anyone who refuses or obstructs the establishment of an LMC without justifiable reason may be subject to a fine of up to KRW 10 million (Article 30, clause 1). The council is composed of an equal number of representatives from workers and employers, with a minimum of 3 and a maximum of 10 members each (Article 6, clause 1). The council must hold regular meetings every 3 months (Article 12, clause 1), and may also hold temporary meetings if needed (Article 12, clause 2). If the employer violates Article 12, clause 1 by failing to hold regular LMC meetings, they may be subject to a fine of up to KRW 2 million (Article 32). The duties of the council are classified into matters for consultation (Article 20), matters for decision (Article 21), matters for reporting (Article 22), and handling of grievances (Article 28).
However, on April 16, 2019, the Act included "matters related to the prevention of sexual harassment in the workplace as stipulated in Article 2, clause 2 of the Equal Employment Act(Article 20, clause 1, item 16)” in the matters for consultation. The decisions of the council are made with the attendance of a majority of worker members and employer members, and require the approval of two-thirds or more of the attending members (Article 20, clause 2). The council must promptly inform workers of the decisions made (Article 23). Workers and employers are required to faithfully implement the decisions made by the council (Article 24). Anyone who fails to implement the decisions made by the council in violation of Article 24 without justifiable reason may be subject to a fine of up to KRW 10 million (Article 30, clause 2).