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Vol.1 [Yulchon] Workplace Bullying and Harassment Addressed in New Korean Laws

관리자 | 2019.02.02 | 조회 585
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Workplace Bullying and Harassment  Addressed in New Korean Laws 
 

Date: January 2019, Field : Labor & Employment


Kang, Hee-Chul  +82-2-528-5203 hckang@yulchon.com
Cho, Sang Wook +82-2-528-5355
swcho@yulchon.com
Park, Jae Woo +82-2-528-5682
parkjw@yulchon.com
Lee, Soojung +82-2-528-5246
slee@yulchon.com
Mandel, Christopher +82-2-528-5040
cmandel@yulchon.com



The Korean National Assembly recently passed amendments to the Labor Standards Act (the “LSA”) and the Industrial Accident Compensation Insurance Act addressing workplace bullying and harassment. The amendments will become effective on May 29, 2019.
 
For the first time, the LSA will now:  require most companies to address non-sexual workplace bullying and harassment in their Rules of Employment (workforce rules); and  impose various obligations regarding how to respond to allegations of non-sexual workplace bullying and harassment.
 
There is no specific statutory penalty for failure to abide by the new rules on how to respond to reports of bullying and harassment. However, retaliation against a victim or other employee for reporting workplace bullying or harassment will be punishable by imprisonment for up to three years or a fine of up to KRW 30 million (approx. USD 28,500). And failure to adequately reflect the new anti-harassment law in one’s workforce rules can lead to corrective orders and, eventually, fines.
 
The Industrial Accident Compensation Insurance Act will also expressly recognize mental distress caused by workplace bullying and harassment as a covered occupational illness. The harassment includes verbal abuse by a client or customer.
 
MOEL plans to publish a manual on the subject of workplace harassment, which will provide more guidance for employers, sometime in early 2019.
 Employers should ensure that they reflect the new law in their Rules of Employment and that they have adequate policies and practices in place to prevent harassment and to appropriately handle incidents.
 
A more detailed description of the new anti-harassment rules can be found if you click on this link.