When staff who deal with customers — in shops or call centres — face verbal abuse or assault, what the employer must do in Korea is set out in Article 41 of the Occupational Safety and Health Act. Beforehand: signs or recorded messages asking customers not to abuse staff, a customer-service manual, and training. If abuse causes, or seriously threatens, harm to health: whichever is needed of a temporary pause or change of duties, a longer break, treatment and counselling, and help with criminal complaints. Failing to do this means a fine of up to 10 million won (by the Decree: 3 million won for a 1st breach, 6 million for a 2nd, 10 million for a 3rd or later), and punishing a worker for asking means up to 1 year in prison or a fine of up to 10 million won. We added a calculator for the fine by breach count and workplace size.
1. Beforehand: a no-abuse sign or message, a service manual, training (Rule Art. 41).
2. After abuse harms health: pause or change duties, longer breaks, treatment and counselling, help to complain — otherwise a fine up to 10 million won, 3 million for a 1st breach.
3. Punished for asking → up to 1 year in prison or a 10 million won fine (Act Art. 170).
Calculator
Updates as you choose. For failing to take Art. 41(2) measures. Building projects use contract value instead of headcount; this calculator uses headcount only. Applying the size rate to the serious-accident amount is our reading. Discretionary cuts are not allowed while a fine is in arrears. The actual amount is set by the Ministry of Employment and Labor.
The article — OSH Act Art. 41
| Type | What the source says | Worth noting (ours) |
|---|---|---|
| Who is covered (1) | Customer-facing workers who mainly deal with customers in person or through an information network while selling goods or providing services | Phone and chat agents fall within the wording (our reading) |
| From what (1) | Customer verbal abuse, assault, or other conduct causing physical or mental distress beyond a reasonable range | — |
| Beforehand (1) | Measures set by Ministry of Employment and Labor rule to prevent harm to health | The four below |
| Afterwards (2) | Where abuse by customers or other third parties causes, or seriously threatens, harm to a worker’s health: a temporary pause or change of duties and other measures set by Decree | (2) covers any “worker”, not only customer-facing staff |
| Right to ask (3) | Workers may request the (2) measures; the employer may not dismiss or disadvantage them for asking | A crime if breached |
Four things to have in place — Enforcement Rule Art. 41
| Type | What the source says | Worth noting (ours) |
|---|---|---|
| 1 | A sign or recorded message asking customers not to be abusive | Shop notices, call greeting |
| 2 | A customer-service manual including how to handle problem situations | — |
| 3 | Training on the manual and on preventing harm to health | No frequency given |
| 4 | Any other measures needed to prevent harm to customer-facing workers | — |
Four things to do once harm occurs — Enforcement Decree Art. 41
| Type | What the source says | Worth noting (ours) |
|---|---|---|
| 1 | A temporary pause or change of duties | — |
| 2 | A longer break under Labor Standards Act Art. 54(1) | How much longer is not stated |
| 3 | Treatment and counselling support for the harm | — |
| 4 | Support for criminal complaints or damages claims, such as submitting evidence to investigators or courts | Handing over CCTV or call recordings fits here (our reading) |
The Decree says “whichever of these is needed”. We read that as the measures that fit the situation, not all four every time (our reading).
Penalties — Arts. 170 and 175 and Decree Schedule 35
| Breach | Sanction | Worth noting (ours) |
|---|---|---|
| (1) prevention measures (sign, manual, training) | Not found in the Art. 170 or 175 lists | As read on 29 October 2026, our reading |
| (2) measures once harm occurs | Fine up to 10 million won (Art. 175(4)3). Schedule 35: 1st 3 million won, 2nd 6 million, 3rd or later 10 million | The calculator above |
| (3) unfavourable treatment for asking | Up to 1 year in prison or a fine of up to 10 million won (Art. 170, item 1) | A crime, not a fine |
Schedule 35’s general rules work like this. Repeat amounts apply after a fine for the same breach within the last 5 years. If the business suffered heavy losses from a disaster or fire, is in serious difficulty, or the motive and result call for it, the fine may be cut by up to half — not while in arrears. By size, 50–99 regular workers pay 90/100, 10–49 pay 80/100 and under 10 pay 70/100 (building work uses contract value). Even stacked, total reductions cannot exceed half the standard amount, and anything cut below 1 million won is charged at 1 million. A breach found in an investigation of a serious accident or major industrial accident is charged at the 3rd-breach amount.
Three cases — our examples
| Situation (our example) | Fine | Worth noting (ours) |
|---|---|---|
| Shop with 30 staff, first time | 3 million × 80% = 2.4 million won | 1st, 10–49 |
| Shop with 5 staff, second time in 5 years | 6 million × 70% = 4.2 million won | 2nd, under 10 |
| Call centre with 120 agents, third time | 10 million won | 3rd, 100 or more — rate 100% |
In all three, stacking the maximum discretionary cut takes the fine down to half the standard amount — 1.5, 3 and 5 million won (our sums).
Checklist
- ☐ A no-abuse sign in the shop or message on the phone line
- ☐ A customer-service manual covering problem situations
- ☐ Training on that manual and on preventing harm to health
- ☐ A way for an abused worker to stop and step away at once
- ☐ Treatment, counselling, and handing over recordings for a complaint
- ☐ No change to appraisal or posting for staff who asked — retaliation is a crime
Questions that remain
What if the customer’s abuse was sexual?
Article 14-2 of the Equal Employment Act applies too: on request the employer must change the worker’s workplace or similar, or face 3 million won. See workplace sexual harassment fines in Korea.
How much longer must the break be?
The Decree says only “an extension of the break under Labor Standards Act Art. 54(1)” and gives no length. Basic break rules are in the break time checker.
Does this cover abuse from colleagues or bosses?
Article 41(2) is about “customers or other third parties”. Abuse from inside the company is workplace harassment under the Labor Standards Act.
Sources
- Korean law database (law.go.kr) — Occupational Safety and Health Act Arts. 41, 170, 175 — source (current text, effective 27 October 2026, Act No. 22122; checked 29 October 2026). Customer-facing workers, abuse, paras. 1–3, the 1-year / 10 million won penalty (Art. 170 item 1), the fine up to 10 million won (Art. 175(4)3). Art. 175 as in force from 8 December 2026 checked for the same item.
- Korean law database — the Act’s Enforcement Decree Arts. 41, 119 and Schedule 35 — source (effective 1 August 2026, Decree No. 36540; checked 29 October 2026). Measures 1–4 once harm occurs; general fine rules (5 years, half, size 90/80/70, 1 million floor, serious accidents at the 3rd amount) and item (eo) 3, 6 and 10 million won. The Schedule 35 version in force from 1 January 2027 was not read.
- Korean law database — the Act’s Enforcement Rule Art. 41 — source (effective 1 August 2026, Ministry of Employment and Labor Ordinance No. 477). Prevention measures 1–4.
- Not read. Case law and guidance; the Ministry’s customer-service manual guidance; whether any other provision sanctions Art. 41(1) (we searched Arts. 170 and 175).
- What we added. The “worth noting” column and the Korean everyday gloss.
Where to check further
- Regional labour offices — reports and fines (we did not read the reporting guidance this time).
- Your company’s health and safety lead or labour-management council — the manual and the stop procedure.
Written on 29 October 2026. The content is from the source; the glosses are ours.
