Deals & Cases
[Corporate Counsel Attorney Assistance Case] Corporate Advisory on Measures Such as Disciplinary Action for Workplace Harassment and Sexual Harassment
The CEO of Company S, who came to a corporate counsel attorney, requested corporate advisory from Daeryun Law Firm regarding measures such as disciplinary action for workplace harassment and sexual harassment, an issue that has recently come to the fore as a social concern.
1. The Content of the Advisory Request to the Corporate Counsel Attorney
The CEO of Company S, who came to a corporate counsel attorney, requested corporate advisory from Daeryun Law Firm after receiving a corrective order from the Ministry of Employment and Labor.
In the course of conducting a special labor inspection of Company S, the Ministry of Employment and Labor surveyed the workers about workplace harassment and sexual harassment through an anonymous reporting method. Based on the survey results, it required an objective investigation of the suspected circumstances, disciplinary measures, and the implementation of victim protection measures.
For this purpose, Company S, which needed the legal corporate advisory of a corporate counsel attorney who could investigate and review the matter promptly and objectively, requested the investigation work and legal corporate advisory from the corporate counsel attorneys at Daeryun Law Firm.
Related Statutes Explained by a Corporate Counsel Attorney
- Statutes Related to Workplace Harassment
- Labor Standards Act, Article 76-2 (Prohibition of Workplace Harassment)
No employer or worker shall, by taking advantage of superiority in rank or relationship, etc. in the workplace, inflict physical or mental suffering on another worker or worsen the work environment beyond the appropriate scope of work (hereinafter referred to as "workplace harassment").
- Statutes Related to Workplace Sexual Harassment
- Act on Equal Employment and Support for Work-Family Balance, Article 13 (Preventive Education Against Workplace Sexual Harassment, etc.)
(1) An employer shall provide education to prevent workplace sexual harassment (hereinafter referred to as "sexual harassment prevention education") every year, in order to prevent workplace sexual harassment and to create conditions in which workers can work in a safe working environment.
(2) An employer and workers shall receive the sexual harassment prevention education under paragraph (1).
(3) An employer shall, at all times, post or keep the content of the sexual harassment prevention education in a place where workers can freely view it, so as to make it widely known to workers.
(4) An employer shall take measures to prevent and prohibit workplace sexual harassment in accordance with the standards prescribed by Ordinance of the Ministry of Employment and Labor.
(5) Matters necessary for the content, methods, frequency, etc. of the sexual harassment prevention education under paragraphs (1) and (2) shall be prescribed by Presidential Decree.
2. The Corporate Counsel Attorney Carries Out the Legal Corporate Advisory
The corporate counsel attorneys at Daeryun Law Firm were entrusted by Company S with the work of investigating the workplace harassment and sexual harassment matter.
First, for the corporate advisory, they conducted further investigation, including verifying the facts of the content acknowledged during the investigation of the reports identified in the special labor inspection process.
In addition, the corporate counsel attorneys conducted in-depth in-person interviews with the relevant workers.
Based on the results of the investigation conducted, the corporate counsel attorneys at Daeryun Law Firm prepared a review and investigation report on the matters constituting workplace harassment and sexual harassment, and delivered the corporate advisory to the CEO of Company S.
The Result of the Corporate Counsel Attorney's Corporate Advisory
The CEO of Company S, who received the corporate advisory result from the corporate counsel attorneys at Daeryun Law Firm, used it as a key supporting document in determining matters such as whether to take disciplinary action against the perpetrators of workplace harassment and sexual harassment.
3. Why the Corporate Advisory of a Corporate Counsel Attorney Is Needed
According to statistics from the National Human Rights Commission of Korea (2017), seven out of ten people reported having experienced workplace harassment.
Reports of workplace sexual harassment received by the Ministry of Employment and Labor in 2023 were confirmed to be the highest in the past five years.
Leaving problems such as workplace harassment and sexual harassment unaddressed can give rise not only to loss costs from damages liability but also to the costs of legal disputes.
It can also adversely affect corporate productivity, and the company's image is damaged.
Therefore, where a harassment incident occurs within a company and a report or corrective order is received, it can be advantageous to obtain assistance such as the corporate advisory of a corporate counsel attorney in order to assess the matter accurately and respond in the best way.
Daeryun Law Firm corporate counsel attorneys are committed to providing corporate clients with systematic and accurate legal assistance, such as corporate advisory.
![기업자문1 [기업자문변호사 조력사례] 직장 내 괴롭힘 및 성희롱 징계 등 조치에 관한 기업자문](/_next/image?url=https%3A%2F%2Fd1tgonli21s4df.cloudfront.net%2Fupload%2Fseo%2Fsuccess%2F20240426085408277.webp&w=828&q=100)
This content is based on actual cases handled by Daeryun Law LLC and has been partially adapted. All copyrights belong to Daeryun Law LLC.
Unauthorized reproduction, copying or distribution may result in legal action under applicable laws.
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