Reporting Workplace Harassment Leads to Confidentiality Agreement Demand... Refusal Results in No Investigation

Employee A reported to the company that they had been subjected to sexually harassing remarks by a colleague.

However, before conducting an internal investigation, the company required A to sign a confidentiality agreement stating that disclosing any discussed information externally could result in dismissal. When A refused to sign, the company later remained silent about disciplinary actions against the perpetrator, claiming there was "no obligation to provide" such information, even though the investigation confirmed the harassment.

The civic group Workplace Gapjil 119 stated on the 21st that cases similar to A’s occur frequently in workplaces, and in some instances, employers even refuse to investigate if the employee declines to sign a confidentiality agreement.

According to the Labor Standards Act and the Act on Equal Employment for Men and Women, those who investigate workplace harassment or sexual harassment are prohibited from disclosing confidential information obtained during the investigation "against the victim’s wishes." While the purpose of this law is to protect victims, Workplace Gapjil 119 pointed out that some companies distort its intent and coerce victims into maintaining confidentiality.

Workplace Gapjil 119 emphasized, "These laws require companies to promptly investigate upon recognizing harassment or sexual harassment," and added, "Refusing to accept a case because a confidentiality agreement was not signed is a clear violation of the law."

The group also stated, "Considering the Labor Standards Act, which requires companies to hear the victim’s opinion before disciplinary action, failing to inform the victim of the measures taken undermines the intent of the law," and stressed the need for active oversight to prevent such practices from becoming routine.