SOUTH KOREA Trends and Developments Contributed by: Woojong William Kim, Sang Hoon Lee and Seyoung Kang, Lee & Ko
Lee & Ko Hanjin Building 63 Namdaemun-ro Jung-gu
Seoul 04532 South Korea
Tel: +82 2 772 4000 Fax: +82 2 772 4001 Email: mail@leeko.com Web: www.leeko.com
Introduction In South Korea, workplace harassment has become a critical area of employment law, driven by amend - ments to the Labour Standards Act (LSA) in 2019 that explicitly prohibited “workplace harassment” and imposed strict obligations on employers. These pro - visions, primarily under Articles 76-2 and 76-3 of the LSA, require employers to promptly and objectively investigate claims of workplace harassment. Parallel obligations regarding sexual harassment exist under the Act on Equal Employment Opportunity and Work- Family Balance Assistance (Equal Employment Act), which mandates similar investigative and protective measures. The core requirements are clear: upon receiving a report or becoming aware of harassment, employers must conduct an impartial investigation without delay, maintain confidentiality, prohibit retaliation against complainants, victims, or witnesses, and ensure fair - ness to the alleged harasser. Failure to comply can result in administrative fines, criminal liability, or civil claims. These legal frameworks reflect Korea’s broader com - mitment to fostering safe and equitable workplaces. However, evolving employee behaviours and techno - logical influences are reshaping how internal investi - gations unfold. This article examines three emerging trends from an employment law perspective: • complaints filed upon resignation, with ongoing obligations to former employees;
• the increasing use of artificial intelligence (AI) tools by employees to assess and prepare claims; and • rising threats of personal defamation lawsuits between individuals raise questions about employ - er protection duties. These trends highlight a more assertive workforce, emboldened by technology and aware of legal rights, compelling employers to adopt more rigorous, defen - sible investigation processes. Legal Framework for Internal Investigations: Workplace Harassment under the Labour Standards Act and Sexual Harassment under the Equal Employment Act The LSA defines workplace harassment as acts by a superior or colleague that cause physical or mental suffering or deteriorate working conditions through business-related status or relationships, excluding legitimate personnel or disciplinary actions. When a report is received, or the employer becomes aware of such acts, the employer must: • conduct an objective investigation without delay; • take protective measures for the victim (eg, a work - place transfer or paid leave); • prohibit retaliation or disadvantageous treatment against the complainant, victim, or witnesses; • ensure the alleged harasser receives a fair opportu - nity to respond; and • maintain confidentiality, with penalties for unau - thorised disclosure.
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