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Discrimination and Harassment

Laws and protections against workplace discrimination and harassment, including gender, age, and nationality.

Sections

1. Legal Frameworks Addressing Discrimination and Harassment in South Korea

South Korea has established laws to protect workers from discrimination and harassment in the workplace. These laws apply to both South Korean nationals and foreign workers, ensuring equal treatment under the law.

Key Laws and Regulations

  1. Labor Standards Act (LSA):

    • Prohibits workplace harassment (referred to as "Gapjil") and requires employers to take action against it.
    • Defines workplace harassment as behavior that causes physical or mental suffering or worsens the working environment by exploiting a superior position.

  2. Equal Employment Opportunity and Work-Family Balance Assistance Act:

    • Prohibits discrimination based on gender, nationality, religion, or social status.
    • Protects against sexual harassment in the workplace and mandates preventive measures.

  3. Act on the Protection of Fixed-Term and Part-Time Employees:

    • Ensures equal treatment for non-regular workers (e.g., part-time, temporary, or contract workers).

  4. National Human Rights Commission Act:

    • Prohibits discrimination based on race, nationality, gender, disability, age, religion, or other factors.
    • Provides a mechanism for filing complaints about discrimination.

  5. Immigration Act:

    • Protects foreign workers from exploitation and ensures their rights are upheld.

  6. Framework Act on Gender Equality:

    • Promotes gender equality and prohibits gender-based discrimination in employment.

2. Types of Discrimination and Harassment in the Workplace

Discrimination

  • Gender Discrimination: Women may face unequal pay, limited promotion opportunities, or dismissal due to pregnancy or marriage.
  • Racial or Nationality-Based Discrimination: Foreign workers, particularly those from Southeast Asia or Africa, may face unequal treatment compared to Korean workers.
  • Age Discrimination: Older workers may encounter challenges in hiring or promotion.
  • Disability Discrimination: Workers with disabilities may face barriers to equal employment opportunities.

Harassment

  • Workplace Harassment (Gapjil): Abuse of power by superiors or colleagues, including verbal abuse, excessive workload, or exclusion from workplace activities.
  • Sexual Harassment: Unwanted sexual advances, inappropriate comments, or physical contact.
  • Bullying: Intimidation, humiliation, or ostracism by colleagues or superiors.

3. Reporting and Resolving Discrimination and Harassment

Standard Procedures for Reporting

  1. Internal Reporting:

    • Most companies in South Korea are required to have internal grievance procedures.
    • Victims can report incidents to their HR department or a designated workplace harassment officer.

  2. External Reporting:

    • If internal reporting is ineffective or unavailable, victims can file complaints with external organizations:
      • Ministry of Employment and Labor (MOEL):
        • Handles workplace harassment and discrimination cases.
        • Victims can file complaints online, by phone, or in person at a local labor office.
      • National Human Rights Commission of Korea (NHRCK):
        • Investigates cases of discrimination and harassment.
        • Complaints can be submitted online, by mail, or in person.
      • Police:
        • Sexual harassment or physical abuse can be reported to the police for criminal investigation.

  3. Labor Unions:

    • If you are part of a labor union, they can provide support and advocacy in addressing workplace issues.

  4. Legal Action:

    • Victims can file civil lawsuits for damages or criminal complaints for severe cases of harassment or discrimination.

Costs Associated with Addressing Issues

  • Internal Reporting: Typically free of charge.
  • External Reporting: Filing complaints with MOEL or NHRCK is free.
  • Legal Action: Costs may include attorney fees, court fees, and translation services (if needed). Legal aid is available for low-income individuals through organizations like the Korea Legal Aid Corporation.

4. Cultural Considerations

Workplace Hierarchy and Power Dynamics

  • South Korea has a hierarchical workplace culture influenced by Confucian values. This can sometimes lead to power imbalances (Gapjil), where superiors may abuse their authority.
  • Foreign workers may find it challenging to navigate these dynamics, especially if they are unfamiliar with the cultural norms.

Reluctance to Report

  • Many workers, including locals, may hesitate to report harassment or discrimination due to fear of retaliation, job loss, or social stigma.
  • Foreign workers may feel additional pressure due to language barriers, visa dependency, or lack of familiarity with legal protections.

Gender Norms

  • While South Korea has made progress in gender equality, traditional gender roles still influence workplace interactions. Women may face subtle or overt discrimination, particularly in male-dominated industries.

5. Practical Advice for Visitors and Immigrants

Before Starting Work

  • Understand Your Rights: Familiarize yourself with South Korea’s labor laws and your employment contract.
  • Check Employer Reputation: Research the company’s history regarding workplace culture and treatment of employees.

If You Experience Discrimination or Harassment

  1. Document Everything:

    • Keep records of incidents, including dates, times, locations, and witnesses.
    • Save any relevant emails, messages, or other evidence.

  2. Seek Support:

    • Reach out to colleagues, friends, or support groups for advice and emotional support.
    • Contact organizations like the Migrant Workers’ Center or Korea Support Center for Foreign Workers for assistance.

  3. File a Complaint:

    • Start with internal reporting mechanisms, if available.
    • If unresolved, escalate to external organizations like MOEL or NHRCK.

  4. Know Your Visa Rights:

    • If your visa is tied to your employer, consult with immigration authorities or legal aid organizations to understand your options if you need to leave your job.

Preventive Measures

  • Learn the Language: Basic Korean proficiency can help you navigate workplace interactions and understand policies.
  • Build a Network: Connect with other foreign workers or local communities for support and advice.

6. Resources for Assistance

  1. Ministry of Employment and Labor (MOEL)

    • Website: www.moel.go.kr
    • Hotline: 1350 (press 4 for foreign language support)

  2. National Human Rights Commission of Korea (NHRCK)

  3. Korea Support Center for Foreign Workers

  4. Migrant Workers’ Center

    • Provides legal and emotional support for foreign workers.

  5. Korea Legal Aid Corporation

Conclusion

South Korea has robust legal protections against workplace discrimination and harassment, but cultural and practical challenges may still arise. Visitors and immigrants should familiarize themselves with their rights, seek support when needed, and utilize available resources to address any issues. By understanding the legal framework and cultural context, you can better navigate and protect yourself in the South Korean workplace.