Employer 'self-investigations' banned in revised workplace harassment manual

The Ministry of Employment and Labor has revised its "Manual for Preventing and Responding to Workplace Harassment," introducing a key change that prohibits employers from conducting "self-investigations" when they are accused of harassment. This update directly addresses concerns highlighted by cases like the one involving a "Paik's Coffee" franchise owner in Cheongju.

In that incident last year, a franchisee owner accused an employee of embezzlement for taking three drinks and demanded a settlement. Despite the employee reporting the owner for workplace harassment, the owner proceeded with their own internal investigation. The ministry's revision acknowledges that the current Labor Standards Act, which mandates employers to investigate harassment claims, becomes ineffective when the employer is the alleged perpetrator.

Statistics show a steady increase in workplace harassment reports, with filings rising from 7,774 in 2021 to 16,373 in 2025. The ministry noted that workplace harassment can involve a complex mix of behaviors, including verbal abuse, bullying, unreasonable work orders, and personal errands. Differences in perception between labor and management often lead to conflict, necessitating consistent investigation standards.

“

The 'Paik's Coffee' incident was the occasion for changing the Ministry of Employment and Labor's internal guidelines on workplace harassment investigations to prevent 'self-investigations' in April, and this has been specifically reflected in the manual.

The revised manual includes provisions to exclude the employer from the investigation process if they are named as the harasser. It also establishes procedures for recusing or disqualifying specific members of an investigation committee and recommends that employers explain the findings of internal investigations to the complainant. A ministry official clarified that while these guidelines are "recommendations" and lack legal binding force, the ministry's manual significantly influences how employers handle harassment cases, making practical changes expected.

To aid in consistent judgment, the manual now provides detailed examples of harassment, categorized by investigation stage, judgment criteria, and types of behavior. Examples of harassment include excluding an individual from meetings without notice, public humiliation by a superior, providing outdated equipment without valid reason, or coercing attendance at company dinners. Conversely, actions such as a longer commute due to reassignment, performing one extra task per shift, simple messenger checks of attendance, or receiving a low performance evaluation were deemed unlikely to constitute workplace harassment.

“

Although it is in the form of a 'recommendation,' the Ministry of Employment and Labor's manual is used in various ways for employers' responses to workplace harassment, and its impact on the field is significant, so practical changes are expected.