Beating and Verbal Abuse... Is the 'Workplace Bullying Prevention Act' Being Enforced?

Three Years Since Law Enforcement... Threats, Unfair Personnel Practices, and Bullying Persist
Businesses with Fewer Than Five Employees Are a 'Blind Spot'... Protection Scope Needs Expansion

It has been three years since the law prohibiting workplace harassment was enacted, but the number of reported cases continues to surge every year, and there are criticisms that follow-up measures are insufficient.

[Asia Economy Culture Young Intern Reporter] Last month, a report emerged alleging workplace bullying by a female employee at a Saemaeul Geumgo in Jeonbuk. The victim testified that her supervisor forced her to cook and do laundry during working hours and also verbally abused her. In another Saemaeul Geumgo, the chairman reportedly hurled insults at employees and threatened, "I can fire you anytime."

Another incident occurred at Naver, where a fatal workplace bullying case happened last year. This issue arose even after a special labor inspection by the Ministry of Employment and Labor. Since the Workplace Bullying Prohibition Act was enacted, a total of 19 related reports have been filed at Naver through August this year. Among them, 10 were complaints and 9 were consultations.

As workplace bullying incidents continued, the government enacted the 'Workplace Bullying Prevention Act' in July 2019 to eradicate bullying at work and prevent retaliation afterward.

The law defines workplace bullying as acts by employers or employees who use their superior position or relationship at work to inflict physical or mental pain beyond the appropriate scope of work on other employees or to worsen the working environment.

However, even three years after its implementation, the number of reports is rapidly increasing every year, and there are criticisms that post-incident measures remain insufficient.

In 2020, Dr. Kim Tae-ho of the Korea Labor Institute is seen presenting on the impact of workplace bullying on organizational behavior at the "1st Anniversary Forum on the Prohibition of Workplace Bullying" held at the Press Center in Jung-gu, Seoul. Photo by Moon Ho-nam munonam@

According to statistics from the Ministry of Employment and Labor, the number of reports related to workplace bullying since the enactment of the prohibition law has reached 18,906. The numbers have increased yearly: 2,130 in 2019, 5,823 in 2020, 7,745 in 2021, and 3,208 as of June 2022.

Among these, workplace bullying cases in businesses with fewer than 50 employees totaled 10,749, which is four times higher than the 2,955 cases in businesses with 300 or more employees. Smaller companies showed higher rates of workplace bullying.

In particular, voices have emerged pointing out that the bullying prohibition law does not apply to businesses with fewer than five employees and special employment workers, placing them in a 'legal blind spot.' Cases involving businesses with fewer than five employees, exemptions from the Labor Standards Act, no violations, or inability to investigate are classified as 'other items' in workplace bullying case outcomes.

Among the 18,599 cases closed by June this year, 5,064 were classified as other items. Freelance workers or employees at businesses with fewer than five employees, who are not protected by the law, are often processed under 'other items,' making their reports ineffective in many cases.

Workplace harassment reports filed at local employment and labor offices over the past three years (as of June 2022) Photo by Ministry of Employment and Labor

The number of cases that actually lead to punishment is also not large. The Ministry of Employment and Labor provided improvement guidance for only 2,500 of the reported cases, with 292 cases referred to prosecution and only 108 prosecuted. Additionally, according to statistics from Workplace Bullying 119 from January to October last year, among 402 cases that led to company or labor office reports, 139 cases (34.6%) suffered disadvantages for having reported.

Park Jeom-gyu, an operating committee member of Workplace Bullying 119, said, "It has only been three years since the Workplace Bullying Prohibition Act was enacted and less than a year since it was amended, so revising the law again is difficult. However, the scope of protection should be expanded." He added, "Rather than changing the current law, the Ministry of Employment and Labor should actively broaden the scope of application."