SOUTH KOREA Trends and Developments Contributed by: Woojong William Kim, Sang Hoon Lee and Seyoung Kang, Lee & Ko
If harassment is confirmed, appropriate measures (eg, discipline) must follow. Sexual harassment is addressed separately under the Equal Employment Act, requiring employers to investi - gate reports immediately, protect victims, and prohibit retaliation. While distinct, the procedural obligations mirror those for general workplace harassment. These laws required emphasising promptness, impartiality, and fairness. Courts and the Ministry of Employment and Labour (MOEL) have also reinforced that investigations must be thorough, even in complex cases. Trend 1: Complaints Filed Upon Resignation and Ongoing Obligations to Former Employees We noted a notable shift in the timing of complaints. Many employees report workplace harassment only upon resignation. This phenomenon is not new – departing employees often feel safer raising issues without fear of ongoing retaliation. However, it poses practical challenges for employers, as the complainant may become unresponsive or explicitly decline partici - pation. In particular, the LSA does not explicitly limit investigation obligations to current employees. The law imposes duties on employers when they “receive a report or become aware” of harassment, regardless of the employee’s employment status. Case law and MOEL guidance suggest that a resignation letter cit - ing “workplace harassment” as the reason can itself constitute a report, obligating an investigation. Traditionally, employers investigated to the extent possible, accepting that outcomes might be incon - clusive without the complainant’s input. However, a clear trend has emerged: former employees remain engaged, demanding updates on progress and out - comes, even if they express reluctance to participate in the investigation actively; it is as if they are wait - ing to receive confirmation on an expected or prede - termined outcome – another trend that is discussed further below (ie, the use of AI tools). This continued involvement stems from heightened awareness of rights and a willingness to escalate. Former complainants increasingly demand full case updates and details of the findings and conclusions.
These former complainants are also filing separate claims with the local Labour Office more readily, prompting the Labour Office to issue formal requests for investigative materials to the employers. Employ - ers must submit these promptly, as MOEL inspec - tions can follow. Failure to demonstrate a reasonable investigation may lead to administrative penalties or findings of inadequate response. This trend underscores that resignation does not sever the employer’s obligations. The duty to investigate persists, and employers must diligently document their efforts, for example: • multiple attempts to contact the complainant; Outcomes may be “inconclusive” but must be justified on the findings and not solely or primarily based on the fact that there is no party for whom the remedy can be provided. Employers should also communicate findings to former employees where feasible, balanc - ing confidentiality with transparency to mitigate esca - lation risks, as if they were still current employees. Trend 2: The Role of AI in Shaping Employee Expectations and Preparations The proliferation of generative AI tools (such as ChatGPT, Gemini, and Grok) has transformed how employees approach harassment claims. Employees increasingly consult AI to evaluate whether incidents constitute harassment, often receiving generalised assessments that affirm their perspective. This creates a “preset conclusion” effect: employees enter investigations convinced of their victim status, making it harder for employers to present contrary findings. Even if AI outputs lack full context or legal nuance, they provide confidence and perceived vali - dation to complainants (and, for alleged harassers, a sense of innocence). • interviews with witnesses; and • a review of available evidence. AI’s influence extends to advanced preparation by complainants, witnesses, victims and alleged harass - ers alike:
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