Only Three Places Established Guidelines
Five Years After Measures Implemented, Prevention and Response Remain Inadequate
It has been five years since the government formulated a comprehensive plan to eradicate ‘gapjil’ (abuse of power) in public institutions, but only 3 out of 226 basic local governments (gicho jichachidae) have enacted workplace harassment prevention ordinances in accordance with the government guidelines.
According to a survey conducted by the civic group Workplace Gapjil 119 on gapjil ordinances across all basic local governments nationwide, 143 out of 226 local governments (63.3%) have not enacted any ordinances to prevent workplace harassment and gapjil.
Among the 83 local governments (36.7%) that have enacted ordinances, 45 have inadequate or no provisions for reporting and counseling agencies, and 43 included so-called toxic clauses such as penalties for false reports.
Of the 83 local governments that enacted ordinances, only 25 applied the ordinance to all personnel working in cities, counties, affiliated institutions, and investment, contribution, or equity institutions. In 27 local governments, the ordinance applied only to affiliated public officials, and 2 did not specify the scope of application. Workplace Gapjil 119 pointed out, “If the scope of application is so narrowly defined, victims may not be protected when public officials harass contract workers or workers of entrusted institutions.”
Among these, 43 local governments had provisions to punish false reporters. Workplace Gapjil 119 noted, “Given the closed nature of the public service community, if there are penalties for false reports, victims who are actually being harassed may find it difficult to muster the courage to report.”
Only three local governments?Gwangju City in Gyeonggi Province, Sinan County in Jeollanam-do, and Yeosu City in Jeollanam-do?have enacted workplace harassment and gapjil prevention ordinances that include all the elements suggested in the government’s comprehensive plan and guidelines: ▲surveys ▲preventive education ▲dedicated staff.
Previously, in 2018, the government announced the ‘Comprehensive Plan to Eradicate Gapjil in the Public Sector,’ which included surveys, preventive education, and the placement of dedicated staff to prevent gapjil. This was because the prohibition of workplace harassment under the Labor Standards Act does not apply to public officials. Although public officials are subject to the National Public Officials Act, the Code of Conduct for Public Officials, the Public Officials Grievance Handling Regulations, and the Public Officials Disciplinary Decree regarding workplace gapjil, there have been criticisms that protections for victims and preventive measures are insufficient.
Workplace gapjil remains prevalent within public institutions. According to a survey conducted by Workplace Gapjil 119 in March targeting 1,000 workers, 28 out of 124 respondents who said they worked at central or public institutions (22.6%) reported experiencing workplace harassment. Among those who experienced harassment, 7 out of 10 (67.9%) said they ‘endured it or pretended not to know.’ Workplace Gapjil 119 pointed out, “This means that the reporting system for workplace harassment in the public sector is not functioning adequately.”
Im Hye-in, a labor attorney at Workplace Gapjil 119, said, “It has already been five years since the comprehensive plan was implemented, but it is still difficult to say that the prevention and response system for gapjil in the public sector is working properly. The number of public sector workers who resign or even commit suicide due to disillusionment with organizational culture continues to increase. To avoid a belated administrative response that fixes the barn after the horse is lost, the comprehensive plan must be complied with immediately.”
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