SOUTH KOREA Law and Practice Contributed by: Sang Wook Cho, Soojung Lee, Seung Hyun Lee, Tae Eun Lee and Christopher Mandel, Yulchon LLC
applicable laws require that a workplace harassment or sexual harassment investigation must be conduct - ed “without delay”. In practice, it is generally recommended that an employer conduct the investigation efficiently to mini - mise workplace disruption and reduce the risk that a reporter will turn to the authorities because of a per - ceived lack of action by the employer. At the same time, it is generally prudent to be thorough enough to properly resolve the complaint and demonstrate fair - ness and objectivity. 6.2 Procedure for Ending an HR Internal Investigation There are no general requirements for specific proce - dures to follow when ending an HR internal investiga - tion. If disciplinary action is to be taken, the company’s relevant disciplinary process should be initiated and the reporter would usually be informed that the inves - tigation has concluded and that appropriate action is being taken, as a practical measure. However, for workplace harassment and sexual har - assment cases, there are a few legal requirements if harassment is confirmed to have occurred, as outlined below. • The employer must take appropriate corrective actions, such as disciplinary action, against the harasser. • If requested by the victim, the employer must take necessary protective measures. • The employer must consult with the victim in advance, before taking action against the har - asser. The employer does not need to follow the accuser’s requests, but should solicit the accuser’s opinion on what should be done. 6.3 Conclusion There are no legal rules regarding the form in which an investigation’s conclusions must be recorded, unless provided for in the company’s internal rules and poli - cies. However, in general, an employer should prepare a written report on the investigation findings. This may
be practically necessary as evidence in potential dis - putes. It may also be required in two instances: • where the labour authorities respond to a com - plaint that the company has failed to appropriately handle a complaint of workplace harassment or sexual harassment, the company will be expected to share a report showing it conducted an ade - quate investigation; and • where the company is subject to special regula - tions (eg, a financial institution) and its regulator may expect to receive a report of the company’s investigation. 6.4 Reports There are no legal rules governing the information to be included in an investigation report. Typically, a report would contain: • the accusations subject to investigation; • the investigative actions taken (such as interviews, document review and digital forensics); and • the factual findings, together with supporting evi - dence. The level of detail varies depending on the likely use of the report, and whether it may be shared with any third party (eg, auditor) or governmental authority. Reports may often include an analysis of legal risks and recommendations for subsequent actions based on the investigation findings. However, employers sometimes omit legal analysis or recommendations due to sensitivity concerns, particularly when the report may be shared with third parties or govern - There is generally no legal requirement to share any particular information with any individuals regarding the outcome of an HR internal investigation. In the case of workplace harassment and sexual har - assment investigations, if harassment is confirmed, the victim has the right to be consulted before the employer takes action against the harasser. How - ever, satisfying this requirement does not necessarily mental authorities. 6.5 Information
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