Labor Law Q&A details

Chapter 4 Working Environment and Disciplinary Action

Sexual Harassment in the Workplace

Some older female employees have touched my body, saying "You are so handsome," or "You’re mine." There have been many times when it has been quite unpleasant, and even though I have told them not to do it, they continue. How can I take legal action? What kind of compensation can I get?
The Equal Employment Act prohibits sexual harassment in the workplace. The term "sexual harassment on the job" means that an employer, a superior or an employee causes another employee to feel sexual humiliation or repulsion with sexual words or actions by utilizing a position in the workplace or in relation to duties, or disadvantaging in terms of working conditions or employment on account of the target’s disregard for the sexual words or actions or other related demands, etc.
There are a few criteria for determining whether actions or words constitute sexual harassment in the workplace.
(1) Relevance to work: The offender must have used their position in the workplace or the act shall be related to the work. However, relevance can be recognized even if it has not been occurred at the workplace or during working hours.
(2) The victim does not want the actions or to hear the words: The act or words should be an act that the victim does not want or words the victim does not want to hear. However, the victim does not have to express his or her distaste for it for the actions or words to be deemed sexual harassment in the workplace.
(3) The behavior or other demands must be sexual in nature: The words or actions must have had a sexual meaning.
The gender of the offender and the victim is not important in determining whether actions or words are sexual harassment in the workplace. Both men and women can be offenders and both can be victims in the workplace. Unwanted sexual behavior between two people of the same gender can also be sexual harassment in the workplace.
Just going by the limited information in the question, if the offender(s) repeatedly commented on his appearance and made physical contact and caused sexual humiliation, it would be sexual harassment in the workplace. Gender is not an important factor, and even male acts against men can constitute sexual harassment.

There are several remedies for workplace sexual harassment.
(1) If the company has a grievance procedure (such as a hotline), you can report the incident to the person in charge or the personnel department. Anyone, including the victim, can report sexual harassment at work.
(2) Victims can file a complaint with the Ministry of Employment and Labor (local labor office). A third party can also report sexual harassment at work.
(3) Victims and third parties can also file a complaint with the National Human Rights Commission of Korea, which has authority to investigate the case.
(4) In addition, if such an act violates the Criminal Act or Act on Special Cases Concerning the Punishment of Sexual Crimes, it is also possible to file a criminal complaint.

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

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