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[Q] Mr.

Sir/ma'am,

Does a victim need evidence to accuse someone of verbal sexual harrassment? What if the coworker's do not agree and signed a statement saying they did not witness anything? What if the victim's nickname is "pervert" and welcomed the name? What if the victim made verbal sexual harrasment to someone but there is no one that witnessed what was said?

By Michael | 2019-07-17

[A]

1. Hello, this is Ministry of Employment and Labor Counseling Center.


 


2. According to Article 2(2) of 「the Act on Equal Employment and Support for Work-Family Reconciliation」, “sexual harassment at work” refers to a situation where an employer, a superior, or a worker causes another worker to feel sexually humiliated or offended by sexually charged words or actions by using their position in the workplace or in relation to work, or gives disadvantages in employment for disregarding sexual words or actions or any other demands, etc.


 


 - In addition, under Article 12 of the Act, no employer, superior or worker shall engage in sexual harassment at work, and if an employer who commits sexual harassment at work in violation of Article 12 shall be punished by a fine for negligence not exceeding 10 million won.


 


 - Also, no employer shall dismiss or take any other disadvantageous measures against a worker who has been damaged with regard to sexual harassment at work or claimed damage occurred from sexual harassment.


 


3. If you want to report anonymously sexual harassment at work to the Ministry of Employment and Labor, please refer to the following process and link:

  ‘Ministry of Employment and Labor website->민원->신고센터->직장내성희롱 익명신고 창구’(Korean version) or https://www.moel.go.kr/policyinfo/sexual/regist.do)


 


- Contents of report will be used for sexual harassment at work prevention and administrative guidance against the workplace. 


 


- If you want to report it as a case remedy for unfair personnel action regarding sexual harassment at work, you may file a complaint to the regional labor office having jurisdiction over the workplace. Once your complaint filed to them, you will have to present at the regional labor office for the investigation.


 


4. Upon receiving a complaint, labor inspector will look into the case with necessary investigations and question related parties, statement of a witness, and an opinion of both parties etc.


 


 - Please understand that our counseling center does not have any authority to investigate and judge on a case and is unable to give you a precise answer to your questions.



 - For the judgement on your case, we suggest you to file a complaint etc. to the regional labor office having jurisdiction over the workplace as below.


 


◆ How to file a complaint

① Online :

- <Ministry of Employment and Labor website(www.moel.go.kr)→ please click 민원 on the top → click 민원신청 → select 서식민원(신청) → click 직장내성희롱 신고서 and 신청 → you may apply it after log in as member or an authorized certificate> Korean version

- Ministry of Employment and Labor website(www.moel.go.kr)→ please click 민원 on the eop -> click 신고센터 on the left -> click 직장내성희롱 익명신고 (Korean version)




② Visiting to the regional labor office having jurisdiction over the workplace in person :

-<Ministry of Employment and Labor website(www.moel.go.kr) → please click '기관소개' on the top and click 지방청/고용센터 찾기 → you may refer to homepage of the regional jurisdiction 지방노동관서 홈페이지 바로가기 → please click ‘지청소개’ and refer to address and phone nuber at 찾아오시는길(본청) (Korean version)


 


5. If you have any questions, please call us on 1350 (press 4 and 1 for English).


 


   Yours sincerely

By e-mail to yo221@korea.kr | 052-702-5170
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