Sexual harassment in the workplace was reported to the company, and was recognized during the investigation process. However, the company only verbally warned the perpetrator, but did not take any disciplinary action, and the victim is still working face-to-face with the perpetrator in the same office. The victim is still suffering from sexual shame, what should I do?
From May 19, 2022, you can apply for correction to the Labor Relations Commission for gender discrimination in employment, violation of the obligation to take appropriate measures against workers affected by sexual harassment in the workplace, and unfavorable treatment.
This was introduced to facilitate applying for suspension of discriminatory treatment, improving working conditions, and granting appropriate compensation to discriminated workers, and actively correcting discrimination against workers.
Legal discrimination means that an employer discriminates against an employee in employment or working conditions, or takes any other disadvantageous measures without any justifiable reason, on grounds of gender, marriage, status within family, pregnancy or childbirth, etc. (including where, even if the employer equally applies employment or working conditions, the number of men or women capable of satisfying such conditions is remarkably fewer in comparison with the opposite gender, thus putting the opposite gender at a disadvantage, and the said conditions may not be attested to be justifiable)(Article (2)1 of the Equal Employment Opportunity and Work-Family Balance Assistance Act)
In addition, if the employer does not take appropriate measures with workers affected by sexual harassment in the workplace, or if the employer treats unfavorably workers affected by sexual harassment in the workplace, the affected workers may apply to the Labor Relations Commission for correction.
Sexual harassment in the workplace refers to where an employer, a superior or an employee causes another employee 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 working conditions and employment on account of disregard for sexual words or actions or any other demands, etc. (Article 2(2) of the Equal Employment Act).
“Can I also apply for remedy for discrimination that occurred before May 19, 2022?”
You can apply for remedy against discrimination that occurred after the date of enforcement of the revised Equal Employment Act (May 19, 2022). However, if a discriminatory act occurred before the enforcement date of the statute, application for correction can be made if the discrimination continues (or continued) after May 19, 2022.

“If I am fired for reasons that amount to gender discrimination, can I apply for remedy against both unfair dismissal and gender discrimination in employment?
Applications for unfair dismissal under the Labor Standards Act and applications for correction of gender discrimination in employment under the Equal Employment Act are separate applications due to the different criteria for determining either one, the related laws and purposes of those laws.
“I reported sexual harassment in the workplace while working for my current company and applied for correction. However, if the employer has not taken appropriate measures even though an investigation is underway, can I apply to the Labor Relations Commission for correction?”
In order to apply for correction with the Labor Relations Commission regarding sexual harassment in the workplace, sexual harassment in the workplace must be recognized by the investigation process and appropriate measures must not have been taken despite the victim’s request. Matters related to the obligation to take appropriate measures during the investigation period are separately stipulated in Article 14 (3) of the Equal Employment Act, so they can be saved by reporting them to the Ministry of Employment and Labor.

“What happens if an employer does not comply with a received correction order?
If an employer fails to comply with a correction order without justifiable reason, a fine of up to KRW 100 million will be imposed (Article 39 (1) of the Equal Employment Act). The Minister of Employment and Labor may require the employer to submit a status report on the correction order. The worker who applied for the correction may then report to the Minister if the employer fails to comply with a finalized correction order from the Ministry (Article 29 (4) of the Equal Employment Act).