1. Prohibiting sexual harassment in the workplace

The Equal Employment Act stipulates in Article 12 (Prohibition of Sexual Harassment in the Workplace) that "employers, superiors, or employees must not engage in sexual harassment in the workplace." Therefore, the scope of those prohibited from engaging in sexual harassment in the workplace under this law are "employers, superiors [and] employees.”

2. Legal sanctions against perpetrators of sexual harassment in the workplace

The Equal Employment Act also stipulates that if an employer violates Article 12 and allows sexual harassment in the workplace, the Minister of Employment and Labor may impose a fine of up to KRW 10 million (Article 39, Paragraph 2). The Enforcement Decree to this law specifies the fines as follows in its "Criteria for Imposing Fines for Violations" (Annex 1 to Article 22): (1) KRW 10 million for employers who have received a fine for a violation related to sexual harassment in the workplace within the past 3 years and allow sexual harassment to occur again, (2) KRW 5 million for employers who allow sexual harassment to occur in the workplace against two or more employees multiple times, and (3) KRW 3 million for other cases of sexual harassment in the workplace.
However, this Act does not specifically regulate sanctions other than a fine for negligence, against superiors or employees who engage in sexual harassment in the workplace. If the sexual harassment behavior of employers, superiors, or employees corresponds to disciplinary measures stipulated in employment regulations or workplace collective agreements, they will be subject to sanctions according to such regulations. If it falls under sexual assault crimes within the Act on the Punishment of Sexual Assault, they will be subject to criminal punishment according to that law.