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South Korea’s Workplace Harassment Law Leaves Victims in the Dark


ABC NEWS
८ भदौ २०८३, सोमबार   ७ : ४५   बजे

Kathmandu— Baek Song-yi, a South Korean advocate, is campaigning for greater transparency in workplace harassment cases after experiencing firsthand how victims are often left uninformed about the outcomes of investigations into their complaints. In South Korea, while a law addressing workplace bullying exists, it lacks provisions requiring employers to disclose disciplinary actions taken against perpetrators, leaving survivors without closure or assurance that the abuse has been addressed. Baek reported verbal harassment by her boss at a U.S. firm operating in South Korea and, despite her complaint being upheld, was denied information about any consequences faced by the harasser.

Lack of Transparency Fuels Frustration

Baek described feeling “stunned” when asked to sign a confidentiality agreement that threatened termination for disclosing details of the investigation. She refused but still wasn’t informed of what, if any, disciplinary action was taken against her boss, with the company citing privacy protection laws. An investigator only told her he would be “monitored.” Baek, who has since left the company, never learned whether her request to bar him from the firm's South Korean office had been granted. She believes this lack of information leaves victims feeling powerless and without a sense of justice.

Legal Loopholes Shield Perpetrators

Experts point to gaps in South Korea’s seven-year-old workplace anti-bullying law as contributing to the problem. Labour attorney Kim Yu-kyung explained that while the law requires employers to act against confirmed harassers, it doesn't mandate informing victims about those actions. This discretion allows companies to shield perpetrators and their reputations. Another woman, identified only as Yoo, endured a ten-month ordeal to learn how her complaint was resolved, facing bureaucratic obstacles and ultimately discovering that company rules lacked any provisions addressing workplace harassment. She learned the harasser had merely been asked to submit a written account of events.

Calls for Legislative Reform

Baek is now advocating for legislation similar to California’s Silenced No More Act, which restricts non-disclosure agreements in harassment cases, and for a clear legal right for victims to be informed of disciplinary measures. A study last year by Gapjil 119, a workplace abuse support group, found that only 15.3 percent of victims report harassment, with nearly half believing action would be ineffective and one-third fearing career repercussions. Baek argues that withholding outcomes to protect a perpetrator's privacy is a “distorted interpretation” of the law, stating that seeking victims’ views should also involve informing them of the decision.

Ministry Acknowledges Need for Change

The labour ministry recently revised its workplace harassment guidelines in July, now “recommending” employers share investigation outcomes with victims. However, it stated that mandating disclosure would require careful consideration to balance privacy and individual rights. Baek has contacted several South Korean lawmakers proposing restrictions on confidentiality agreements and a requirement for employer transparency regarding disciplinary measures. She emphasizes the importance of allowing victims to speak about their experiences for both their own well-being and the safety of others.

Baek continues to advocate for legislative changes, hoping to create a more supportive and transparent system for survivors of workplace harassment in South Korea.

(With inputs from RN)

Originally published on abcnews.com.np.

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