Workplace Harassment in South Korea: Evaluation and Improvement Measures for the Workplace Anti-bullying Law

Abstract

This chapter examined workplace anti-bullying legislation in South Korea, including the revised Labour Standards Act, the Industrial Safety and Health Act and the Industrial Accident Compensation Insurance Act with the aim of reviewing the supplementation of relevant legal systems and policies for increasing the effectiveness of the operation of the law and seeking future improvement measures. Workplace bullying and harassment are prevalent societal problems, making laws to prohibit them vital. However, several shortcomings in workplace anti-bullying law are apparent. Currently, only workers covered by the Labour Standards Act are protected, and victims are only protected once workplace bullying has been discovered. Employer responsibility for victim support and punishment of the harasser is vague, and the law has no specific regulations regarding the offender. Therefore, it is imperative to expand the scope of workplace bullying protection. Accessibility for the reporting subject and the installation of permanent reporting channels within companies are also necessary so that offences can be reported to public institutions such as the labour office. Mitigation of the burden of proof must also be reviewed, as it is often difficult to prove damage to bullying victims. Measures to prevent and control bullying and harassment should also be considered. With heightened emphasis on the importance of describing prevention and coping measures concerning bullying in employment procedures, labour inspectors’ supporting role will be even more significant. Finally, it is essential to consider establishing a comprehensive legal system to prevent and consider diverse forms of workplace harassment.