Two Years Since the Enforcement of the Workplace Bullying Prohibition Act...Lack of Effectiveness
October Implementation of the Revised Labor Standards Act Including 'Victim Protection' and 'Perpetrator Discipline'
Experts Advise "Mandatory Abuse Prevention Measures and Expansion of Counseling Programs Require Attention"
[Asia Economy Reporter Kim Seohyun] In May, Mr. A, who worked at a company, made an extreme choice due to prolonged workplace harassment. According to an investigation by the Ministry of Employment and Labor, Mr. A was subjected to verbal abuse and humiliating behavior from an executive, was deliberately excluded from decision-making processes, and suffered from excessive work pressure.
The Ministry of Labor stated that although the employer was aware of these facts, they failed to fulfill the employer's duty of action as stipulated by the Labor Standards Act, such as conducting an investigation to verify the facts.
Situations like Mr. A's case, where companies neglect management of workers or where victims of harassment cannot properly report the incidents, continue to persist. Although reports are made to related institutions claiming harassment, few cases lead to actual complaints, and punishments remain light.
According to an analysis by the labor organization Workplace Gapjil 119 of 752 workplace harassment cases reported from January to July, out of 1,404 email reports, 752 were workplace harassment cases. However, only 278 cases (37.0%) led to actual complaints. Furthermore, 92 cases (33.1%) experienced secondary harm or retaliation due to the complaint.
There are concerns that the Workplace Harassment Prohibition Act lacks effectiveness, as victims who suffer verbal abuse and other harassment at work often do not report it due to fears of secondary victimization and the low likelihood of proper punishment. [Image source=Yonhap News]
Given this situation, there are criticisms that the Workplace Harassment Prohibition Act, enacted in 2019, lacks effectiveness. According to the Ministry of Labor, from the law’s implementation in July 2019 until May 31 of this year, 10,340 cases were reported to the Ministry, but only 1,431 cases (13.88%) received improvement guidance.
Additionally, in the past two years, the Ministry of Labor referred 101 workplace harassment cases to the prosecution, which is less than 1% of the total, and among these, only 30 cases (0.3%) resulted in prosecution opinions.
The government has taken steps to address this. The Labor Standards Act will be amended to enable victims to properly file complaints. First, if an employer fails to fulfill their duty to investigate incidents, protect victims, or discipline perpetrators when workplace harassment occurs, a fine of up to 5 million won will be imposed.
It is also stipulated that employers must not disclose information learned during investigations to others without the victim’s consent, and violators will face fines of up to 5 million won. The amendment is scheduled to take effect on October 14.
Experts emphasize that for the amendment to be effective, preventive measures against workplace gapjil must be mandated, and worker human rights protection systems must be further strengthened.
Attorney Yoo Jaewon of Mayday Law Firm pointed out, "There are still issues to be resolved, such as the lack of mandatory preventive measures and the exclusion of small businesses from the law’s application." He added, "Workplace harassment prevention education, as well as mandatory personal information training, should be included in legal education, and labor inspectors’ verification procedures regarding whether workplace responses to complaints were appropriate must also be mandated."
He further suggested that workers’ welfare should be strengthened. Regarding the Worker Support Program by the Korea Workers’ Compensation and Welfare Service, which assesses job satisfaction, Attorney Yoo said, "This program currently remains at a recommended level for companies. It should be expanded to pay attention not only to workers’ health checkups but also to their mental health."
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