Korean law protects foreign workers from workplace harassment (직장 내 괴롭힘), sexual harassment (직장 내 성희롱) and discrimination because of nationality. Your employer must investigate a complaint and protect you, and must not punish you for making it. If the company does nothing, you can go to the labor office (1350) or the National Human Rights Commission (1331).
Key facts
| Workplace bullying | Banned by Labor Standards Act art. 76-2; employer must investigate and act (art. 76-3) |
| Who it covers | Workplaces with 5 or more regular employees, as of October 2026 |
| Sexual harassment | Banned by the Equal Employment Act at workplaces of every size |
| Nationality discrimination | Banned in working conditions (Labor Standards Act art. 6) |
| Retaliation | A crime: up to 3 years in prison or ₩30 million |
| Where to report | Your employer, the local labor office (1350), NHRCK (1331), police (112) for violence |
What counts as workplace harassment
Under art. 76-2, workplace harassment is when an employer or worker uses a superior position or relationship, goes beyond what is reasonable for the work, and causes physical or mental suffering or a worse working environment. Typical examples:
- shouting, insults and threats, including about your nationality or accent,
- deliberately excluding you, or giving you pointless or impossible tasks,
- forcing you to drink, run personal errands or work unpaid overtime,
- spreading rumors, or monitoring you excessively.
Violence at work is a separate and more serious crime under art. 8 of the Labor Standards Act and the Criminal Act. Call 112.
Workplaces under 5 employees
As of October 2026, the harassment articles do not apply to workplaces with fewer than 5 regular employees. The government has said it plans to extend them, but the decree had not been changed when this page was checked. You still have other protections: sexual harassment law, criminal law for assault and threats, and wage law.
What your employer must do (art. 76-3)
Once anyone reports harassment, or the employer learns of it, the employer must:
- investigate without delay and objectively,
- protect you during the investigation, for example by moving desks or shifts, or giving paid leave, while respecting your wishes,
- discipline the harasser if harassment is confirmed, after hearing your view,
- not treat you badly for reporting, such as by dismissal or a pay cut,
- keep the matter confidential.
Failing to investigate, protect, discipline or keep confidential can bring a fine of up to ₩5 million. If the harasser is the employer or the employer’s relative, the fine is up to ₩10 million. Retaliation against the victim is a crime punishable by up to 3 years in prison or a ₩30 million fine.
Sexual harassment
The Equal Employment Act applies to every employer, whatever its size. The employer must investigate, protect the victim and discipline the harasser. An employer who commits sexual harassment can be fined up to ₩10 million. You can also ask the Labor Relations Commission (노동위원회) for a correction order if the employer fails to act, generally within 6 months.
Serious cases, such as unwanted touching, are crimes. Report them to the police, and call 1366 (women’s emergency line) for support.
Discrimination because of nationality
Employers may not treat workers differently in wages or working conditions because of nationality, gender, religion or social status (Labor Standards Act art. 6). The Foreign Workers Employment Act also bans unfair discrimination against EPS workers. Differences based on real factors, such as job, skills or experience, are allowed.
You can also file a complaint with the National Human Rights Commission of Korea (국가인권위원회), call 1331, about discrimination by companies, individuals or public bodies. Anyone in Korea, including foreigners, can file by phone, in writing or online. File within 1 year of the incident; later complaints are generally dismissed. The NHRCK is exempt from the duty to report undocumented people to immigration.
How to report
- Collect evidence: dates, what was said or done, witnesses, messages, recordings (you may record a conversation you take part in), medical records.
- Report inside the company in writing to HR or the manager in charge, and keep a copy.
- If the employer fails to act, file a petition with the local labor office (online or in person). Call 1350 for advice in your language.
- For discrimination, file with the NHRCK (1331).
- Get support: see Free Legal Help for Foreigners and Foreign Resident and Worker Support Centers.
E-9 workers can usually change workplaces when they have suffered sexual harassment, assault or serious mistreatment. Ask the job center (고용센터) or 1350 about the "reasons not attributable to the worker".
A Filipino factory worker is called names about her country every day by her team leader. She emails HR with dates and two coworkers' names. HR does not respond for a month.
She files a petition with the labor office. The inspector can order the company to investigate and can fine it up to ₩5 million for failing to act.
Common questions
Is one rude comment harassment?
Not always. It depends on whether the behavior goes beyond normal work and harms you. Repeated or severe behavior is more likely to count. Record every incident.
Can I be fired for complaining?
No. Dismissal or other bad treatment for reporting is a crime. See Korean Labor Law Basics.
My visa depends on my employer. Will reporting hurt it?
A complaint is your right. If you need to leave the job, ask 1345 or the job center about changing workplaces before you quit.
Official sources
This guide explains the general rules as of the date above. Rules change and every case is different, so confirm with the office named here (or the 1345 Immigration Contact Center) before an important decision. Spotted something out of date? Tell us.