How Much Has It Changed... Blind Spots Remain?
Whistleblowers Face Pressure When Reporting
Secondary Harm Like Bullying and Work Exclusion
Victims Should Not Be Treated Unfavorably
#1. After reporting workplace harassment, I was told by a person called the "head of the organization," "The chairman also knows everything about your report, so from now on, everyone will be reluctant to work with you, and it will be difficult for you to get promoted in this company." They also said, "You are at the prime age to work hard, so think carefully about your future." I feel pressured as if it is a recommendation for resignation, but I have no intention of quitting. I have requested to be transferred to another department, but there has been no response from the company. (Report received by Civic Group Workplace Harassment 119, March 2023)
#2. Mr. A, a 9-year employee, recently visited a hospital due to insomnia and panic disorder. This was caused by stress after being called out separately by his new department supervisor, who said Mr. A's attitude was provocative and verbally harassed him. The supervisor blocked Mr. A's business trip to a local branch, citing the need to take a vacation, which disrupted contracts with new clients. At department gatherings, Mr. A was treated like an invisible person or was spoken ill of. Eventually, Mr. A fainted in the office from extreme stress, and when he regained consciousness in the emergency room and called to report the situation, the supervisor scolded him, saying, "If you take a break, the remaining department members will have to do your work; how will you take responsibility?" (Report received by Workplace Harassment 119, May 2024)
The Workplace Harassment Prohibition Act, which began in July 2019, has marked its 5th anniversary since enforcement. For five years, the law has prevented employers from using their position or relational superiority to cause physical or mental suffering or worsen working conditions for others. What changes has our society undergone in the past five years? Where are the blind spots of the law?
Harassment includes group ostracism such as not recognizing performance without just cause or excluding someone from decision-making processes, gossip about personal matters, forced participation in company dinners, discriminatory treatment, and exploitation of bonuses or wages. The law applies to companies with five or more employees. If workplace harassment (acts causing physical or mental suffering) is confirmed, the employer must immediately discipline the perpetrator. Reporting workplace harassment requires great courage because whistleblowers risk being stigmatized, reprimanded within the organization, or even facing dismissal and other severe disadvantages.
The threshold for reporting is high. According to a Workplace Harassment 119 survey, the percentage of people who reported harassment after the law's enforcement has not exceeded 10% over the past five years. Only one out of ten people reported it. This is a 1.9 percentage point decrease from 12.2% in the third quarter of 2020, shortly after the law was enacted.
The current Labor Standards Act stipulates that employers must not impose unfavorable treatment such as dismissal, exclusion from work, wage withholding, defamation, personnel disadvantages, invasion of privacy (surveillance), or group ostracism on those who report or suffer from harassment. Violations are punishable by imprisonment of up to three years or a fine of up to 30 million KRW.
In the first report case above, victim Mr. A requested resolution through the team leader, deputy team leader, and HR team but only received responses telling him to "stop making noise and leave quietly." Eventually, he reported to the Labor Office, and an external labor law firm appointed by the company acknowledged the harassment. However, as the perpetrator refused to accept this, a reinvestigation took place during which Mr. A suffered secondary harm such as ostracism and retaliatory personnel actions.
Labor attorney Choi Hye-in said, "Many employers consider the fact that the victim reported the incident externally as 'making the organization noisy,'" adding, "Pressuring the victim to leave quietly can be seen as secondary harm." Attorney Choi analyzed, "If the employer takes unfavorable actions such as dismissal or unfair transfer against Mr. A because of the workplace harassment report, criminal punishment against the employer could become possible."
When whistleblowers point out the irrationality of company systems, sometimes the manner, attitude, or tone of their criticism is nitpicked to divert attention. In February last year, whistleblower Mr. B, who reported workplace harassment, was recognized as a victim by the company's investigation. However, the company concluded it was mutual fault, claiming that witness statements confirmed Mr. B showed a disrespectful attitude as if not recognizing the supervisor's authority.
Park Jeom-gyu, an operating committee member of Workplace Harassment 119, said, "In severe cases, whistleblowers are nitpicked for their attitude, gaze, or behavior and forced to write statements," criticizing, "This distorts the facts of the harm and tries to cover it up by labeling the whistleblower as a troublemaker." He added, "When reporting workplace harassment, labeling someone as a 'whistleblower woman' or 'whistleblower man' to silence them and enforcing a 'strict hierarchy' to strengthen control is also a major problem in organizational culture."
Workplace harassment reduces the work efficiency of members and negatively affects the company. Some victims have even contemplated extreme measures. According to a survey conducted by Workplace Harassment 119 from February 14 to 23 this year targeting 1,000 workers, 30.5% of workers experienced workplace harassment in the past year, and among them, 15.6% considered extreme measures. This is a 5 percentage point increase from 10.6% during the same period last year.
Professor Kwak Geum-ju, emeritus professor of psychology at Seoul National University, said, "Perpetrators of workplace harassment tend to have low empathy and strong narcissistic or psychopathic traits," analyzing, "They harass and exploit others for their own promotion or rewards but cannot empathize with their suffering." Professor Kwak explained, "Humans are social animals, so victims suffer greatly when treated like invisible people, excluded, not shared important meetings or company information, or gossiped about by the perpetrator group," adding, "Workplace ostracism is a violent act of character assassination that can lead to extreme measures."
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