Sexual Harassment

A document outlining the concept, legal basis, and response procedures for conduct that causes sexual humiliation or disgust, or disadvantages another person through sexual words or actions.

Sexual Harassment

Overview

Sexual harassment refers to conduct such as sexual words or actions or physical contact that causes another person to feel sexual humiliation or disgust, or that imposes disadvantages in employment, evaluation, promotion, etc. because the person refused such conduct. It is not merely an expression of intimacy but an illegal act that infringes on the other party's personal rights and labor rights. In Korea, it is governed by the Act on Equal Employment and Support for Work-Family Balance (Gender Equality in Employment Act), the National Human Rights Commission Act, the Criminal Act, and the Act on Special Cases Concerning the Punishment, etc. of Sexual Violence Crimes. The victim's subjective sense of shame and an objective judgment based on sound social norms are considered together, and work-relatedness, superior status, and persistence are important factors.

Main Content

Concept and Elements

Sexual harassment consists largely of two axes. First is the sexual conduct type, including obscene jokes, appearance evaluations, sexual demands, and unnecessary physical contact. Second is the retaliation type (disadvantageous measure type), where disadvantages such as dismissal, transfer, lowered evaluation, or ostracism are imposed because the person refused sexual demands or reported them. The Supreme Court and the National Human Rights Commission comprehensively consider ① the existence of sexual conduct, ② whether it is contrary to the other party's will, ③ the result of sexual humiliation or disgust or disadvantage, and ④ relevance to work or employment. It is the consistent position of case law that sexual harassment cannot be concluded not to exist merely because the victim did not explicitly refuse.

Legal Basis

Gender Equality in Employment Act: Prohibits workplace sexual harassment, imposes prevention and response duties on employers, and prohibits disadvantages against victims. If an employer fails to take measures, administrative sanctions such as fines may be imposed.
National Human Rights Commission Act: Defines sexual harassment as a type of discriminatory act and establishes complaint and investigation procedures.
Criminal Act and Sexual Violence Punishment Act: Forced indecent assault, obscene communications via media, and filming with cameras, etc. are subject to separate criminal punishment.
Labor Standards Act: In connection with workplace harassment prohibition provisions, sexual harassment-like harassment is also regulated.

Types

Types can be classified into verbal types (sexual metaphors, appearance criticism, dirty jokes), visual types (posting obscene material, sending sexual photos), physical types (hugging, touching, close contact), and online or digital sexual harassment (sexual messages via messenger, SNS comments, exposure during video conferences, etc.), which has recently become an issue. Third-party sexual harassment by customers or users can also raise employer management responsibility if it occurs in the workplace.

Response Procedures When Harassment Occurs

1. Secure records: Leave evidence such as date, time, place, remarks, witnesses, and message captures.

2. Internal report: Report to the workplace grievance committee, HR department, or sexual harassment grievance counseling channel.

3. External remedies: Use complaints to the National Human Rights Commission, the Labor Relations Commission (in cases of unfair dismissal or disadvantage), reports to the Ministry of Employment and Labor, complaints or accusations to prosecutors or police, and consultations with the Korea Legal Aid Corporation.

4. Preventing secondary harm: Confidentiality of the reporter, separation measures, and linkage to dedicated counseling are required.

Prevention and Education

Employers must conduct sexual harassment prevention education at least once a year, and it is recommended to specify prohibition provisions in employment rules and collective agreements. Recently, strengthening anonymity of in-house reporting channels, commissioning investigations to external specialized institutions, and introducing victim support programs have been spreading.

Recent Trends

In 2024–2025, sexual harassment in digital environments emerged as a major issue. Cases have increased in which sexual conduct in non-face-to-face spaces such as company dinners, group chat rooms, and online meetings is recognized as workplace sexual harassment, and rulings continue to recognize disciplinary and damages liability based solely on messenger conversations. In addition, since the implementation of the workplace harassment prohibition law, the revision of internal regulations to integratedly manage sexual harassment and harassment has spread, and the importance of victim-centered principles and protection of reporters (prohibition of secondary harm) is being emphasized. Furthermore, there is a tendency to interpret in connection with the Stalking Punishment Act and digital sexual crime punishment provisions, and to consider online spreadability in addition to superior status and persistence in determining workplace sexual harassment. At the corporate level, there is also a movement to disclose and evaluate sexual harassment prevention systems as part of ESG management.