13 April, 2018
Under the revised Gender Equality Employment and Work-Family Balance Support Act (the “GEEA”), anybody can report an occurrence of sexual harassment in the workplace to the relevant employer. The employer then has an obligation to conduct an investigation and take necessary measures to protect the victim, (such as changing the place of work, placing the victim on paid leave, etc.) An employer that violates these obligations may be subject to an administrative fine of up to KRW 5 million.
The revised GEEA prohibits an employer from dismissing, or taking any other disadvantageous measures against, an employee who has reported the occurrence of sexual harassment in the workplace and/or the victim of the sexual harassment. The revised law also increases the criminal fine (from KRW 20 million to KRW 30 million) against an employer that violates the aforementioned prohibition. Further, under the revised GEEA, even in a situation where the acts of sexual harassment have been committed by a client, customer, etc., an employer is under an obligation to take necessary measures to protect the victim, (such as changing the place of work, placing the victim on paid leave, etc.)
A breach of these obligations may subject the employer to an administrative fine of up to KRW 3 million. Additionally, the content of the employer’s sexual harassment prevention training conducted every year should be posted in a public area readily accessible by employees. An employer that violates this obligation may be subject to an administrative fine of up to KRW 5 million.
For further information, please contact:
Stephen Le Vesconte, Partner, Linklaters
stephen.le_vesconte@linklaters.com
