SOUTH KOREA Law and Practice Contributed by: Sang Wook Cho, Soojung Lee, Seung Hyun Lee, Tae Eun Lee and Christopher Mandel, Yulchon LLC
new, having come into effect on 15 March 2024, and their precise application remains somewhat unclear. But these rules are not widely perceived as directly affecting the typical kinds of AI uses in investigations, which involve sorting and analysing data and drafting materials, rather than making final decisions about people’s rights. Korea has also passed the AI Basic Act, which has become effective as of 22 January 2026. This law is primarily intended to regulate AI developers and AI service providers, and it remains unclear how and to what extent it may affect AI use in investigations. Korea’s whistle-blower protection law covers “pub - lic interest violations”, which refers to acts that harm public health and safety, the environment, consumer interests, or fair competition that are defined as viola - tions of almost 400 statutes. The law provides whistle- blower protections to anyone who reports an actual or likely public interest violation to the relevant employer or organisation, or to a governmental authority. The whistle-blower protection law prohibits taking disadvantageous measures against a whistle-blower due to their whistle-blowing, interfering with whistle- blowing disclosures, or disclosing a whistle-blower’s identity. Even when a public interest report contains confidential information, the whistle-blower is not deemed to have violated any duty of confidentiality imposed under other statutes, collective agreements, or employment rules. The law also provides mecha - nisms for the whistle-blower to seek protection from governmental authorities, including protection of their personal safety and mitigation or exemption from liability if the whistle-blower is involved in an illegal act. Furthermore, it allows whistle-blowers to receive monetary rewards from the Anti-Corruption and Civil Rights Commission under certain conditions. 8.2 Sexual Harassment and/or Violence 8. Special Cases 8.1 Whistle-Blowing Korean law prohibits workplace sexual harassment. Korean law also has specific rules governing the treatment of sexual harassment complaints by an
employer, including obligations to promptly investi - gate and take appropriate action. An employee who has experienced workplace sexual harassment has a right to request that the employer take appropriate protective measures, such as a change of workplace or paid leave. An employer is also obliged to take due care to avoid causing further sexual humiliation to the alleged victim during the investigation. A victim of workplace sexual harassment must also be allowed to provide their opinion before the employer takes dis - ciplinary action against the harasser. Furthermore, the employer is prohibited from taking any adverse action against the victim on account of reporting or experi - encing harassment. The law allows the imposition of fines or penalties on employers who violate these pro - visions and includes joint penalty provisions that hold both individuals and companies accountable. Virtually identical obligations apply to non-sexual workplace harassment. Sexual harassment is defined as occurring when “an employer, a superior or an employee causes another employee to feel sexual humiliation or repulsion by sexual words or actions by utilising a position in the workplace or in relation to duties, or providing any disadvantages in working conditions and employment on account of disregard for sexual words or actions or any other demands, etc”. Meanwhile, sexual violence refers to criminal acts that are far more violent and serious than sexual harass - ment, such as rape, forcible indecent assault, and the illegal filming or distribution of sexual images. Korean law establishes various obligations for the state, local governments, investigative agencies, and courts to protect victims of sexual violence. Some examples include the following: • operation of victim counselling centres, protection facilities and designated medical institutions; • provision of legal counselling and litigation repre - sentation support for victims; • measures to ensure the personal safety of victims and their families; and • recognition of various special provisions during investigation and trial processes (eg, the introduc - tion of support personnel for victim testimony, relaxed standards for witness examination meth -
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