[Asia Economy Honam Reporting Headquarters, Reporter Yoon Jamin] On the 10th, Assemblyman Shin Jeong-hoon (The Democratic Party of Korea·Naju Hwasun) announced that he has taken the lead in proposing a revision to the “Labor Standards Act” to more actively protect workers' human rights and dignity from workplace harassment and to enhance the law's effectiveness.
The amendment includes provisions defining “harassment by a third party” to address legal blind spots.
It prohibits contractors, customers, or relatives within the fourth degree of kinship of the employer who have legal or de facto authority related to the workplace from causing physical or mental distress to workers or worsening the working environment.
The current law limits workplace harassment to users and workers within the workplace, but the National Human Rights Commission and others have suggested institutionalizing a wider range of harassment types that can occur during work life, such as continuous abuse and assault by residents leading to the death of security guards.
Additionally, the amendment stipulates that ▲ perpetrators of workplace harassment shall be fined, and if the employer receives a related report or becomes aware of the occurrence but fails to promptly conduct an investigation to verify the facts ▲ or if, after the investigation confirms the facts, the employer fails to take necessary measures such as changing the victim worker’s workplace, reassigning, ordering paid leave, or disciplining the perpetrator upon the victim’s request, a fine of up to 10 million KRW shall be imposed.
Until now, there was no means to sanction perpetrators of harassment or employers who neglected their obligations to take various measures, so despite the law being in effect for a year, its effectiveness has been limited and difficult to feel.
Furthermore, preventive education has been made legally mandatory. Employers must always post or provide the content of related preventive education in a place where workers can freely access it, and the content, method, and frequency of the education shall be determined by the Ministry of Employment and Labor regulations.
If preventive education is not conducted annually, a fine of up to 5 million KRW will be imposed. At the same time, since there is a high possibility that investigations may be insufficient or concealed if the perpetrator is the CEO, business owner, or a person exercising the highest authority, victims can file a complaint with the National Human Rights Commission if they object to the perpetrator’s disciplinary actions.
Assemblyman Shin Jeong-hoon emphasized, “Emotional abuse that tramples on workers’ dignity and even physical assault continue to occur, and unjust power abuse should not be rationalized or justified under the pretext of social life,” adding, “Since most people spend the majority of their daily lives and lifetime at work, workplace harassment is a serious human rights violation that can ruin a person’s life.”
He continued, “This should not be dismissed as a private dispute but approached from the perspective of a flawed workplace culture that tolerates rigid hierarchical order, the mistakes of those in power, and silence,” and said, “I hope the law actively protects workers and establishes a culture of mutual respect in the workplace.”
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