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Deals & Cases

Workplace harassment

Workplace Harassment Case | Assisting a Victim of Workplace Verbal Abuse, with a Demotion of the Perpetrator

The client who came regarding a workplace harassment case had been harassed within the workplace through abusive language and the like, and came to Daeryun to request assistance in holding the perpetrator legally responsible.

CONTENTS
  • 1. The Client Who Sought Assistance with a Workplace Harassment Case
    • - The Client Who Suffered from Workplace Verbal Abuse
  • 2. The Elements of Workplace Harassment and the Penalties
    • - What Are the Elements of Workplace Harassment?
    • - What Are the Penalties for Workplace Harassment?
  • 3. Case Response Strategy for Workplace Harassment
    • - Labor Attorney's Assistance ① Asserting That Secondary Harm Was Inflicted
    • - Labor Attorney's Assistance ② Asserting That Insulting Remarks Were Made
  • 4. Result of the Workplace Harassment Case Assistance: “Demotion of the Perpetrator”
    • - If You Are Suffering from Workplace Verbal Abuse

1. The Client Who Sought Assistance with a Workplace Harassment Case

Daeryun workplace harassment labor case assistance example

This is a case in which a client who came regarding a workplace harassment matter, having suffered verbal abuse and harassment in the workplace, requested systematic assistance from a specialist attorney, and as a result obtained a demotion disposition against the perpetrator.

The Client Who Suffered from Workplace Verbal Abuse

The detailed account of the client who came regarding a workplace harassment case is as follows.

The client, a public official, had continually received verbal abuse from a workplace superior in the same department.

The superior treated the client in a degrading manner, citing the client's lack of competence and the resulting delays in work, and imposed work-related disadvantages.

The superior also called the client in under the pretext of work instructions and continued private conversations.

The client tried to resolve the matter amicably through dialogue, but the superior did not stop the cursing and insulting remarks.

Ultimately, the client decided to respond legally and visited Daeryun to proceed with the case together with a specialist attorney who has handled many 🔗workplace harassment cases.

2. The Elements of Workplace Harassment and the Penalties

The client who came to us regarding a workplace harassment case wished to proceed with the case together with a specialized attorney and to resolve the matter promptly.

The labor attorney examined in detail the elements of workplace harassment and the level of punishment.

What Are the Elements of Workplace Harassment?

For this offense to be established, all three of the following requirements must be satisfied.

Requirement 1. Use of superiority such as one's position or relationship in the workplace

Requirement 2. Conduct exceeding the appropriate scope of work

Requirement 3. Causing physical or mental suffering, or worsening the working environment

What Are the Penalties for Workplace Harassment?

Where the perpetrator of workplace harassment is a public official, that person is subject to criminal punishment and may at the same time be subject to a disciplinary action under the public officials act.

Disciplinary actions include dismissal, removal, demotion, suspension, salary reduction, and reprimand, and are determined by considering the degree of the misconduct, whether it was repeated, the extent of the harm, and similar factors. The statutes relevant to the case are as follows.

▶ Level of punishment

Where an employer commits workplace harassment

An administrative fine not exceeding 10 million won

Where an employer fails to take measures despite knowing of the harassment

An administrative fine not exceeding 5 million won

3. Case Response Strategy for Workplace Harassment

Daeryun workplace harassment demotion disposition example

The labor attorney accurately analyzed the case through a close consultation with the client and established a systematic strategy based on the evidentiary materials.

In order to lead the case favorably, the attorney made the following arguments.

Labor Attorney's Assistance ① Asserting That Secondary Harm Was Inflicted

The client reported the perpetrator's unlawful conduct, but the perpetrator, without showing remorse, instead continued retaliatory secondary harassment.

The labor attorney secured objective materials such as records of contact with the respondent, witness statements, and CCTV, and on this basis proved the charge of workplace verbal abuse.

It was emphasized that, due to the perpetrator's repeated conduct, the client is currently in a state in which normal daily life is impossible.

Labor Attorney's Assistance ② Asserting That Insulting Remarks Were Made

The client had continuously experienced verbal abuse including sexual harassment, insulting remarks, unfair personnel measures, and work-related disadvantages from the perpetrator.

The labor attorney secured the recording files, text messages, work logs, and the like from the time of the harm, proving that the profanity and remarks degrading the client's character had actually occurred.

In addition, the attorney emphasized that the perpetrator had continuously harassed the client by spreading false statements to colleagues, and emphasized that this clearly constituted workplace harassment.

4. Result of the Workplace Harassment Case Assistance: “Demotion of the Perpetrator”

The client, who received the support of the labor attorney, was able to obtain a decision of 'demotion of the perpetrator.'

Having brought the case to an amicable conclusion, the client expressed deep gratitude to the labor attorney.

If You Are Suffering from Workplace Verbal Abuse

Because the process of proving the facts in this case is complex, it can be said that obtaining the assistance of a specialist attorney is crucial.

The 🔗industrial accident attorney systematically supports the entire process, from organizing initial statements to gathering evidence, drafting petitions, and responding to litigation, thereby protecting the rights of the victim.

In addition, by providing legal services and psychological treatment in an integrated manner, the attorney comprehensively supports the client's psychological recovery and stable return to daily life.

If you need the assistance of a specialist attorney in a situation similar to the case above, we hope that you will entrust the case to us through a 🔗labor and industrial accident attorney legal consultation reservation.

Watch related video content
for this case study.

  1. How to respond to bullying in the workplace?

직장내괴롭힘 사례 | 직장내폭언 피해자 조력해 가해자 강등 처분

This content is based on actual case studies of Daeryun Law LLC with some adaptations, and the copyright belongs to our firm.
Unauthorized reproduction, duplication, or distribution and other copyright infringements may result in legal action under applicable laws.

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