“Workplace bullying” and “workplace harassment” have been gaining increased media attention and social interest in South Korea.  To address these issues, on July 18, 2018, a joint committee of Korea’s various ministries and other relevant agencies (i.e., the Office for Government Policy Coordination, the Ministry of Employment and Labor (“MOEL”), the Ministry of Education, the Ministry of Culture, Sports and Tourism, the Ministry of Justice, the Ministry of Health and Welfare, the National Police Agency, and the Anti-Corruption & Civil Rights Commission) (the “Joint Committee”) announced the Anti-Bullying Action Plan (the “Plan”) to combat harassment and bullying in the workplace. 

Key Aspects:

The Anti-Bullying Action Plan sets out six stages to manage the risk of workplace bullying or harassment, and to properly deal with such incidents in the workplace: (i) reporting; (ii) investigation; (iii) disciplinary action against the harasser; (iv) support for the victim; (v) employer liability; and (vi) prevention.  For each stage, the Plan also provides detailed action items for businesses to take, such as mandatory training.

Key action items of the Plan include:

• Define the concept of workplace bullying;
• Set up an internal channel for victim-employees to report incidents of workplace harassment or bullying; 
• Obligate the employer to commence investigation into alleged workplace harassment or bullying; 
• Streamline the reporting channels and processes to the government agencies; 
• Where relevant laws and regulations are violated, allow the MOEL to open ex officio inspection; 
• Protect the victim by expanding occupational insurance coverage or assistance in lawsuits; 
• Obligate the employer to punish the harasser; 
• Where the employer retaliates against the victim, provide for punishment of the employer; and 
• Obligate the employer to provide employees with education on prevention of workplace harassment or bullying.

Implementation Plan:

In order to implement the Anti-Bullying Action Plan, the Joint Committee: (i) noted that in or around August 2018, it has amended the Guideline on Work Duties of Labor Inspectors (however, as of December 2018, it appears that such amendment has not been made); (ii) plans to establish joint guidelines and prepare standards for Rules of Employment; (iii) has or plans to amend/enact relevant laws and regulations (e.g., introduced the amendment to the Labor Standards Act (“LSA”), and plans to introduce changes to the Occupational Safety and Health Act), and/or guidelines (around December 2018); and also, (iv) in discussion with the National Assembly, the Joint Committee announced that it is looking into the possibility of enacting a special act to prevent workplace harassment.  

As of December 2018, amendments to the LSA and enactment of a special act to prevent workplace bullying are still currently pending before the National Assembly. 

Significance:

With increased national concern and growing attention, through the Anti-Bullying Action Plan, the Korean government has indicated a strong willingness to address harassment and bullying in the workplace.  Consequently, it is likely that the government will seek to voluntarily amend the related laws and regulations, and vigorously strengthen its enforcement efforts.  

In particular, we expect that disputes arising out of or in connection with these issues will increase, due to the increased enforcement of laws and regulations that prohibit workplace harassment and workplace bullying, such as the Amendment to the Equal Employment Opportunity and Work-Family Balance Assistance Act (effective May 29, 2018) and the Amendment to the Occupational Safety and Health Act (effective October 18, 2018).  

Recommendations:

We recommend that you continue to monitor the social atmosphere and dynamics involving workplace bullying issues, and the government’s position and follow-up actions.  

Also, this is a good opportunity to actively review your company’s current status, handling and preparedness on these issues, including any workplace harassment incidents, whether investigation and disciplinary measures have been sought and how they have been handled, whether training has been properly implemented and provided to employees, and whether the Rules of Employment and related policies/guidelines are updated to reflect the most current laws and regulations (and also, depending on further government action, make the appropriate updates if and when it becomes necessary).