Ⅰ. Determining Workplace Harassment Example 1 (Recognized Case)

1. Content of Harassment and Matters of Fact

Clerk and assistant administration jobs were given to an employee who returned after maternity leave instead of her original duties (handling deposits at the counter), and a direction to exclude her was given to persuade her to leave the company. In a meeting attended by other employees excluding the victim, a direction was given to exclude her in an attempt to drive her out of the company. Directions were then given to remove her desk and disallow her from sitting at the counter, with remarks that the victim was no longer considered as an employee. The victim suffered depression and left the company as a result.

2. Determination of Harassment in the Workplace

① Harasser: an executive director (managing director)
② Victim: an employee who had returned from childcare leave
③ Place of harassment: inside a business establishment
④ Requirements for harassment
④-1. Use of superiority in position or relations in the workplace
ㅇ The harasser used position as an executive to direct other employees to exclude the victim
④-2. Exceeding occupationally bearable limits
ㅇ Despite the legal obligation to reinstate an employee returning from childcare leave to the same work as before the leave or any other work paying the same level of wages (Article 19(4) of the EEO Act), assistant work was assigned and the employee’s desk was removed with the intent of coercing the returning employee to leave the company.
ㅇ Directing others to exclude an employee who returns from childcare leave, removing a victim’s desk, and using humiliating or insulting words are inappropriate in view of social norms
④-3. Inflicting physical or mental suffering or aggravating work environment
ㅇ The victim suffered depression due to extreme mental stress and consequentially left company.

➡ Comprehensive Determination
ㅇ The act was determined to constitute workplace harassment.

3. Other Issues to Consider

ㅇ The act in question is punishable as a violation of Article 19(4) of the EEO Act.
* In the actual case, the harasser was punished due to the violation of the EEO Act.

Ⅱ. Determining Workplace Harassment Example 2 (Recognized Case)

1. Content of Harassment and Matters of Fact

The harasser, a senior employee, repeatedly threatened a junior employee with personnel disadvantages if the victim refused to meet and drink alcohol. Demands were repeatedly given to “organize a drinking meeting,” and the victim was questioned why he “had not set a date.” The harasser insisted that the victim “write a statement of reasons,” as well as apologies, and insisted that the junior member “should spend 30% of incentives in treating a senior.”

2. Determination of Harassment in the Workplace

① Harasser: a senior employee
② Victim: a junior employee
③ Place of harassment: inside and outside the business establishment
④ Requirements for harassment
④-1. Use of superiority in position or relations in the workplace
ㅇ Superiority in relations between a senior and a junior within the company was used.
④-2. Exceeding occupationally bearable limits
ㅇ Acts inappropriate in view of social norms—coercing another to organize a drinking meeting and demanding a written statement of reasons—were committed.
④-3. Inflicting physical or mental suffering or aggravates work environment
ㅇ Coercion from the harasser inflicted mental distress on the victim

➡ Comprehensive determination
ㅇ The act was determined to constitute workplace harassment.


Ⅲ. Determining Workplace Harassment Example 3 (Recognized Case)

1. Content of Harassment and Matters of Fact

A chairman continuously used abusive language and swear words with his chauffeur because he did not like the chauffeur’s driving. The chairman also hit the chauffeur’s head from behind, and forced him to drive the vehicle with the rear- and side-view mirrors folded, causing the victim to drive under extreme stress.

2. Determination of Harassment in the Workplace

① Harasser: a chairman
② Victim: a chauffeur
③ Place of harassment: inside the vehicle with which the chauffeur was performing his duties
④ Requirements for harassment
④-1. Use of superiority in position or relations in the workplace
ㅇ The chairman used his status as a chairman (an employer).
④-2. Exceeding occupationally bearable limits
ㅇ Abusive language, including swear words, was continuously used, and the chauffeur was forced to drive with the rear- and side-view mirrors folded, thereby hindering him from safely performing his duties. These acts can be considered inappropriate in view of social norms.
④-3. Inflicting physical or mental suffering or aggravating work environment
ㅇ The victim suffered physical pain from his head being assaulted and mental distress due to abusive language and demands drive the vehicle in an unusual way.

➡ Comprehensive determination
ㅇ The act was determined to constitute workplace harassment.

3. Other Issues to Consider

ㅇ The act is also punishable as assault under the LSA, as well as under the Criminal Act.

Ⅳ. Determining Workplace Harassment Example 4 (Recognized Case)

1. Content of Harassment and Matters of Fact

A lead held up a glass soju bottle threatened to strike the victim during a company dinner. The lead also committed physical violence by squeezing the victim’s neck in front of customers. The harasser continuously bullied the victim and humiliated him by throwing paper at him at a gathering with a general manager and other colleagues, as well as by making him stand still and vow repeatedly.

2. Determination of Harassment in the Workplace

① Harasser: a lead
② Victim: a subordinate
③ Place of harassment: company dinner venue, within the establishment
④ Requirements for harassment
④-1. Use of superiority in position or relations in the workplace
ㅇ The position as a lead was used.
④-2. Exceeding occupationally bearable limits
ㅇ Assaults including threatening to strike the victim with a glass soju bottle, squeezing the victim’s neck, etc. were inappropriate acts in view of social norms. Publicly insulting someone in front of other managers and employees is also considered inappropriate in view of social norms.
④-3. Inflicting physical or mental suffering or aggravating work environment
ㅇ Physical pain due to injuries from an assault and mental distress due to insulting behavior can be recognized.

➡ Comprehensive determination
ㅇ The act was determined to constitute workplace harassment.

3. Other Issues to Consider

ㅇ The act is also punishable for assault under the LSA, and under the Criminal Act.

Ⅴ. Determining Workplace Harassment Example 5 (Recognized Case)

1. Content of Harassment and Matters of Fact

In addition to their original duties, employees were tasked with the CEO’s personal errands, including being asked to serve as of chauffeur and personal assistant. One victim was also made to remove snow from the vehicle of the CEO’s wife after a heavy snowfall with bear hands. Employees were even asked to harvest and sell corn from the CEO’s personal field, but the conservative corporate culture has prevented anyone from speaking out.

2. Determination of Harassment in the Workplace
① Harasser: a CEO
② Victim: employees
③ Place of harassment: inside and outside establishment
④ Requirements for harassment
④-1. Use of superiority in position or relations in the workplace
ㅇ Position as an employer was used.
④-2. Exceeding occupationally bearable limits
ㅇ Mobilizing employees for the CEO’s personal affairs is an act not relevant to work.
④-3. Inflicting physical or mental suffering or aggravating work environment
ㅇ The work environment was aggravated by the CEO’s behaviors as victims were forced to carry out jobs irrelevant to their work.

➡ Comprehensive determination
ㅇ The act was determined to constitute workplace harassment.

Ⅵ. Determining Workplace Harassment Example 6 (Unrecognized Case)

1. Content of Harassment and Matters of Fact

Prior to a new design presentation, an apparel company team leader directed team members to report new product designs. Though employee responsible for designs reported drafts several times, the leader kept asking for additions, saying the drafts were not in line with new product concepts of the season. This resulted in workload increase and mental distress of the employee in question.

2. Determination of Harassment in the Workplace

① Harasser: a design team head
② Victim: a design responsible person
③ Place of harassment: inside establishment
④ Requirement of conduct
④-1. Use of superiority in position or relations in the workplace
ㅇ Superiority of position as team leader was used.
④-2. Exceeding occupationally bearable limits
ㅇ Repeatedly giving team members work criticism, assessment, and directions for improving the design of products was necessary for work, and the pattern of behavior was not deemed inappropriate in view of social norms.
④-3. Inflicting physical or mental suffering or aggravating work environment
ㅇ The employee in concern was placed under occupational stress.

➡ Comprehensive determination
ㅇ The act was determined to not constitute workplace harassment.
- Regarding acts “exceeding occupationally bearable limits,” the alleged harasser, as a team leader responsible for the overall designs of the company, holds the occupational authority to give criticism and directions regarding work to improve performance before a new product presentation, and did not commit inappropriate behaviors to that end. Therefore, even if some team members were placed under occupational stress, such acts do not constitute workplace harassment under the LSA.

Ⅶ. Determining Workplace Harassment Example 7 (Unrecognized Case)

1. Content of Harassment and Matters of Fact

Mr. Kim, a sales branch manager who had spent ten years at this company, was the sole employee from among those who joined the company in the same year, who had not been promoted to a sales branch head. Though an A grade in efficiency rating was required for promotion, an executive director who rates efficiency again gave him a B grade for his performance following the previous year. Considering that his branch head had also received a B grade from the executive director, it seemed that performance of the branch had fallen short of other branches. Mr. Kim, however, felt that the executive director had intentionally blocked his promotion with the B grade, as he expected that his superior would be considerate of the fact that he was awaiting promotion.
2. Determination of Harassment in the Workplace

① Harasser: an executive director
② Victim: a sales branch manager
③ Place of harassment: inside establishment
④ Requirements for harassment
④-1. Use of superiority in position or relations in the workplace
ㅇ Superiority in position as an executive director who has an authority in rating efficiency was used.
④-2. Exceeding occupationally bearable limits
ㅇ Due to their poor performance in managing a sales branch, the executive director gave B grades (a grade lower than the highest grade A) to the head and manager of a sales branch. This is a weak basis for being considered unnecessary for work or inappropriate.
④-3. Inflicting physical or mental suffering or aggravating work environment
ㅇ The victim suffered mental distress after being excluded as a candidate for promotion due to the efficiency grade.

➡ Comprehensive determination
ㅇ The act was determined to not constitute workplace harassment. Giving a low grade to an individual responsible for the management of a sales branch in response to the objective fact of the poor performance of that sales branch falls under the justifiable scope of the assessor’s work responsibilities and authority. Unless other facts that can be deemed unreasonable assessment or intentional harassment, such as the giving of low grades to high performers, exist, even though the employee suffered as a result of the act, it does not constitute harassment in the workplace under the LSA.