Labor Law Q&A details

Chapter 4 Working Environment and Disciplinary Action

Sexual harassment

My superior continues to ask me to meet him outside the workplace, saying that he will give me a tour of the city on holidays. Although I think that it may be a favor to help me adapt since I came to Korea recently, it makes me uncomfortable because he often mentions how sexy my outfits are and asks me about my personal relationships. What should I do?
The term “sexual harassment on the job” means that an employer, a superior or a worker causes another worker to feel sexual humiliation or repulsion by sexual words or actions by utilizing a position in the workplace or in relation with duties, or providing any disadvantages in employment on account of a person’s disregard for sexual words or actions or other such demands, etc. (Article 2 of the Equal Employment Act).
When determining whether sexual harassment has occurred, the subjective situation of the alleged victim must be considered, judging and responding in the position of the alleged victim in accordance with social norms. If it is related to the business, an act done outside of working hours or outside the workplace can be the case. Sexual appraisals of attire, asking for sexual facts, forcing a date, etc., are examples of sexual harassment.
If you feel you are the target of sexual harassment, first, it is necessary to clearly express your intention to refuse and that you feel uncomfortable, and make a detailed record of the situation at the time and provide relevant evidence. Nevertheless, if the action continues, you can submit a complaint of sexual harassment to the employer or the company’s grievance handling committee. Employers are obligated to take action when sexual harassment is reported. Issues that cannot be resolved in-house can be reported or a complaint filed with a Labor Office having jurisdiction over the workplace or to the National Human Rights Commission. You may press for criminal charges, or you may file a civil action for sexual harassment against the offender and employer to receive compensation for mental and material damage.

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

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