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National Assembly Legislation

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  • Labor Standards Act
    • Competent Ministry : Ministry of Employment and Labor
    • Advance Publication of Legislation : 2020-08-24
    • Opinion Submission Deadline : 2020-09-07
Reasons for Proposal

The current Act prohibits workplace harassment, defined as an activity of an employer or employee that causes physical or mental suffering of other employees or deteriorates the work environment beyond the appropriate scope of work by taking advantage of superiority in rank, relationship, etc., in the workplace and stipulates that when workplace harassment occurs, appropriate measures such as reporting and investigation shall be taken.

However, the current Act does not stipulate separate penalty provisions for a person who commits workplace harassment or sanctions on employers failing to comply with their obligations to take action in the event of workplace harassment; therefore, there is an opinion that it is difficult to practically prevent workplace harassment.

In addition, as seen in the recent suicide incident, etc., by a security guard due to harassment of an occupant of multi-family houses, the range of work-related harassment is not only occurring within the workplace but also by third parties such as customers and contractors; therefore, it is suggested that there is a need for employers to take protective measures against the victims of workplace harassment for these blind spots.

Accordingly, this amendment aims to strongly protect workers and increase the effectiveness of the Act by establishing the obligation of employers to take action in the event of harassment by a third party and sanctions against employers who fail to comply with their obligations to take action in the event of workplace harassment or harassment by a third party (Article 76-2 (2), Article 76-3 (6) and (7), Article 109 (1), Article 116 (1), and Article 116 (2)).

Major Provisions

Establish the obligation of the employer to take action in the event of harassment by a third party and sanctions against employers who fail to comply with their obligations to take action in the event of workplace harassment or harassment by a third party (Article 76-2 (2), Article 76-3 (6) and (7), Article 109 (1), Article 116 (1), and Article 116 (2)).


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