Employers’ Obligations to Prevent and Respond to Sexual Harassment in Korea

Summary

The article delves into the legal framework in Korea surrounding workplace sexual harassment and the significant obligations placed upon employers. It highlights the critical need for companies to investigate reports of harassment and take action, such as disciplinary measures against offenders. Unlike many jurisdictions, Korea does not recognise punitive damages for civil claims which means that criminal liabilities become the focus for enforcing workplace rights and protections.

The Equal Employment Opportunity and Work-Family Assistance Act (EEO Act) is key, setting clear prohibitions against sexual harassment and retaliatory actions by employers against individuals who report such incidents. The article details the severe consequences for companies that fail to adhere to these obligations, underscoring both criminal and administrative ramifications.

Key Points

  • Employers must investigate all allegations of sexual harassment and take appropriate disciplinary action.
  • Korea does not allow punitive damages in civil claims for sexual harassment, shifting focus to criminal liability.
  • Retaliation against employees reporting harassment can result in up to three years imprisonment or hefty fines.
  • The EEO Act imposes explicit obligations on employers, including maintaining confidentiality and protecting victims.
  • Cases highlight severe penalties for mishandling harassment claims, including fines against company officials.

Why should I read this?

If you’re an employer or involved in HR, this article is a must-read! It lays down the essentials of navigating the tricky waters of sexual harassment laws in Korea. You’d want to avoid pricey fines, criminal charges, and reputational damage, right? So, arm yourself with this vital information on legal obligations and best practices to keep your workplace safe and compliant. Plus, it’s packed with real-life examples that show how mishandling these issues can backfire spectacularly!

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