In what cases does workplace ostracism become subject to punishment?

Workplace ostracism refers to conduct that exceeds a reasonable scope by taking advantage of a superior position and thereby causes physical or mental suffering; and if an employer dismisses or disadvantages a victim for reporting it, the employer may be punished under Article 109 of the Labor Standards Act by imprisonment for up to 3 years or a fine not exceeding 30 million won.

Repeated ostracism, ridicule, discrimination, unreasonable work instructions, blocking of information, invasion of privacy, and insults all constitute workplace bullying. You may collect the relevant evidence and report it to the company or the labor office, and if the employer fails to take protective measures, the employer becomes subject to separate punishment.

Workplace harassment I will now explain the methods of collecting evidence.

① Recording the contents of conversations
→ Under Article 14(1) of the Protection of Communications Secrets Act, you cannot record a conversation between others that is not open to the public; however, if you are a party to the conversation, you may record it even without the other party's consent.

② Securing statements from colleagues
→ If your colleagues can provide written confirmations of fact, written statements, and testimony, it will be of great help in proving the harassment.

③ Preserving records such as text messages and KakaoTalk messages
→ In the case of harassment carried out on a mobile device, it is advisable to back up the entire content, including the surrounding context of the conversation.

Based on the collected materials, we recommend that you secure sufficient evidence and consider taking legal action.

If you have suffered workplace ostracism, you may also wish to seek the assistance of a labor attorney.