National Guidelines in the Republic of Korea - Harassment in the Workplace

Government Guidelines Mapping Out the Sexual Harassment Law

In December 1999, the government issued a set of guidelines to elaborate the implementation of the law on sexual harassment. All employees are to be educated about the new law, its guidelines, complaint procedures and disciplinary action against violators. Companies must also establish in-house complaint centres where victims can report cases of sex discrimination. Employers are prohibited from taking any unfavourable measures against employees that report such a complaint either in-house or to external complaint centres. The new guidelines elaborate that sexual harassment includes behaviour such as kissing or hugging, touching, telling dirty jokes, obscene telephone calls, demanding sexual favours, display of nude pictures and posters, exposure of body parts or sending smutty letters, including via fax or computer networks.

The Anti-sexual Discrimination Commission outlines that in order to have grounds for a case, the victim must provide "sufficient proof that the behaviour in question has had a negative affect on his or her working conditions''.

Policy on Compensation for Damages Caused by Gender Discrimination and Sexual Harassment

This national policy guideline is regulated by Gender Discrimination Prevention and Relief Act and Genders Equality Employment Act, which mainly deal with:

(a) Provision of relief to victims of gender discrimination in employment, education and the supply of goods/facilities/services, or legal/administrative practices

(b) Financial assistance for litigation in cases of gender discrimination - Mandatory education on preventing sexual harassment in private businesses and public facilities such as government offices, educational institutions, and medical facilities

(c) A maximum fine of $3,000 (Sexual Equality Employment Act); in case of violation of the procedures for handling the perpetrators of sexual harassment or contravention of the legal obligation to provide mandatory education in preventing sexual harassment

(d) A maximum fine of $5,000 (Sexual Equality Employment Act); in case of injurious actions against victims of sexual harassment

(e) Provision of effective counseling and assistance to persons who have faced gender discrimination or sexual harassment by the Gender Discrimination Complaint Center

(f) Establishment of 20 counseling centers for employment equality within non-governmental women's organizations, or local Labor Offices under the Ministry of Labor.