Bill Proposed to Allow Minister of Employment and Labor to Directly Investigate Workplace Harassment When Employer Is the Perpetrator
Yoon Joonbyung of the Democratic Party Proposes the Bill
A bill has been introduced in the National Assembly that would allow the Ministry of Employment and Labor to directly investigate cases of workplace harassment when the perpetrator is the employer. This move aims to explicitly grant the government the authority to conduct direct investigations by law, amid ongoing criticism that objective investigations are difficult in cases where the employer is identified as the perpetrator.
On June 17, Yoon Joonbyung, a member of the Environment and Labor Committee of the National Assembly from the Democratic Party of Korea, sponsored the partial amendment to the Labor Standards Act containing these provisions.
Under the current Labor Standards Act, individuals who become aware of workplace harassment can report it to the employer. The employer is required to conduct an objective investigation without delay upon receiving such a report or upon recognizing the harassment.
However, concerns have persisted that a fair and objective investigation may be difficult when the alleged perpetrator of workplace harassment is the employer themselves, since the employer is also responsible for conducting the investigation.
The amendment would allow individuals who become aware of workplace harassment to report not only to the employer but also directly to the Minister of Employment and Labor. In addition, the amendment stipulates that the Minister must promptly investigate cases when a workplace harassment report is received or when the employer is the alleged perpetrator.
If the investigation confirms that workplace harassment has occurred, the Minister of Employment and Labor would be able to order the employer to take measures to protect the victimized employee. Furthermore, in cases where the employer is the perpetrator of workplace harassment, the amendment prohibits the employer from intervening in or being involved in the investigation process.
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Assemblyman Yoon explained the reason for the proposal, stating, "There have been ongoing concerns that objective investigations are difficult when the perpetrator of workplace harassment is the employer, since the employer is responsible for the investigation." He added, "By allowing the Minister of Employment and Labor to directly investigate reports of workplace harassment and to order protective measures for affected employees, the amendment aims to ensure effective protection of rights."
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