When workplace harassment is confirmed in Korea, who pays what? The Labour Standards Act bans harassment in Article 76-2, sets the employer’s duties to investigate and act in Article 76-3, and attaches a criminal penalty (Article 109) and administrative fines (Article 116). The Act only sets ceilings — up to 10 million won where the employer harasses, up to 5 million won for breaching the duties to investigate or act. The actual standard amounts, by offence count, are in Table 7 of the Enforcement Decree. We set that table out and add a checker: pick what happened and the offence count to see the standard amount.
1. Employer harassment: 3 million won on a first offence, 5 million won if repeated or against 2 or more people, 10 million won from the second offence (Table 7, item ta).
2. Not investigating a report: 3 million won on a first offence; not acting: from 2 million won — 5 million won from the third.
3. Punishing the person who reported is not a fine but up to 3 years in prison or a fine up to 30 million won (Art. 109(1)).
Checker
Updates as you choose. Amounts are the Decree's standard amounts for each offence count; the ministry imposes the actual fine. A reduction of up to half is possible on the grounds in the table, but not while fines are unpaid.
The ceilings in the Act
| Type | What the source says | Worth noting (ours) |
|---|---|---|
| Art. 109(1) | Anyone who breaches Article 65, Article 72 or Article 76-3(6) is punished by up to 3 years in prison or a fine up to 30 million won. | Dismissal or other disadvantage for reporting is a crime |
| Art. 116(1)1 | Where the employer (including a relative of the employer prescribed by Presidential Decree who works at the business) harasses in breach of Article 76-2 — a fine up to 10 million won. | Employer and relatives only |
| Art. 116(2)2 | Breaching … Article 76-3(2), (4), (5) or (7) … — a fine up to 5 million won. | Para (3), protection during the investigation, is not listed |
| Art. 116(3) | Fines are imposed and collected by the Minister of Employment and Labor as prescribed by Presidential Decree. | — |
| Decree Art. 59-3 | The relatives are: the employer’s spouse; blood relatives within the fourth degree; relatives by marriage within the fourth degree. | When they work at the business |
We read the Act in force from 8 October 2026 (Act No. 21533). An amendment of 7 April 2026 regrouped Article 109(1), but the penalty of up to 3 years or 30 million won is unchanged. Decree Article 60 says the standards for fines under Article 116(1) and (2) are as in Table 7.
Table 7 — standard amounts by offence count
Amounts in won. Row names shortened.
| Breach (Table 7) | 1st · 2nd · 3rd or later | Worth noting (ours) |
|---|---|---|
| ta 1) Employer harasses one person repeatedly or 2 or more people | 5m · 10m · 10m | Hits the 10 million won ceiling at the 2nd |
| ta 2) Employer harasses, other cases | 3m · 10m · 10m | 3 million won first; same as 1) from the 2nd |
| ta 3) A relative of the employer working there harasses | 2m · 5m · 10m | 10 million won from the 3rd |
| pa No investigation (Art. 76-3(2)) | 3m · 5m · 5m | Ceiling 5 million won |
| ha Victim’s requested measures not taken (para 4) | 2m · 3m · 5m | Change of workplace, transfer, paid leave |
| geo No action against the harasser (para 5) | 2m · 3m · 5m | Discipline, change of workplace |
| neo Investigation secrets leaked (para 7) | 3m · 5m · 5m | Investigators, those briefed, participants |
“m” is million won. In short: employer harassment starts at 3 million or 5 million won and becomes 10 million won at the second offence; the duties to investigate, act and keep secrets start at 2 million to 3 million won and reach the 5 million won ceiling at the third (our summary).
Offence count and reduction — general rules of Table 7
| Type | What the source says | Worth noting (ours) |
|---|---|---|
| Item ga (escalation) | Higher amounts apply where a fine was imposed for the same breach within the last 1 year, counted from the day of that fine to the day the repeat breach is detected. | After a year it reads as a first offence again (our reading) |
| Item na (count) | The count applied is the next one after the previous fine’s count (the higher one if there were two or more). | — |
| Item da (reduction) | The authority may reduce the fine by up to half for minor carelessness, efforts to correct, disasters or business crisis, or other circumstances — but not for someone with unpaid fines. | “May” — the authority decides |
So the checker’s “if reduced” line shows the lowest the fine could go (half the standard amount), not what it will be.
Three worked cases — our examples
| Case (our example) | Standard amount | Worth noting (ours) |
|---|---|---|
| Owner verbally abuses two staff, first detection | 5,000,000 won | 2 or more people → ta 1) |
| Same owner caught again within a year | 10,000,000 won | 2nd → statutory ceiling |
| Report not investigated; a reduction ground applies, no unpaid fines | 3,000,000 won, down to 1,500,000 won if reduced | Half of item pa, 1st |
If a co-worker rather than the owner harassed, the Article 116(1) fine does not fall on the harasser. The law then requires the company to investigate (Art. 76-3(2)) and act (para 5); if it does not, the company is fined. What counts as harassment is in workplace harassment law in Korea.
Two things that are not fines
Disadvantage for reporting (Art. 76-3(6)) is not in Table 7. It is the Article 109(1) crime: up to 3 years in prison or a fine up to 30 million won. Reversing a dismissal, transfer or pay cut has its own deadline — see the unfair dismissal deadline calculator.
Protection during the investigation (Art. 76-3(3)) is a duty, but Article 116(2)2 lists paras (2), (4), (5) and (7) only, so it carries no fine. The checker flags both.
Checklist
- ☐ Was the harasser the employer, or a spouse or relative within the fourth degree working there?
- ☐ Any fine for the same breach within the last year (offence count)?
- ☐ After the report: investigation, measures for the victim, action on the harasser?
- ☐ Disadvantaged for reporting: a criminal matter (Art. 109) and a remedy deadline
Questions that remain
Does the fine go to the victim?
Article 116(3) only says the Minister imposes and collects it. Damages for the victim are outside this article.
Table 7 shows a 2021 amendment. Is it current?
Table 7 attached to the Decree in force on 29 October 2026 (effective 23 October 2025, Presidential Decree No. 35436) is marked “amended 19 November 2021”, and the harassment amounts were as above.
Sources
- Korean law database (law.go.kr) — Labour Standards Act Arts. 76-2, 76-3, 109, 116 — source (current text, effective 8 October 2026, Act No. 21533; checked 29 October 2026). Ban on harassment; reporting, investigation, protection, measures, no disadvantage, confidentiality; penalty (3 years, 30 million won); fines (10 million, 5 million won); imposition.
- Korean law database — Enforcement Decree Arts. 59-3, 60 and Table 7 — source (effective 23 October 2025, Presidential Decree No. 35436; Table 7 marked amended 19 November 2021; checked 29 October 2026). Relatives; fine standards (escalation, reduction, items ta, pa, ha, geo, neo).
- Not read. The Act on the Regulation of Violations of Public Order (objections), ministry guidance and case law, actual fines imposed.
- What we added. The “worth noting” column and the Korean everyday gloss.
Where to check further
- The local Employment and Labor office — reports and fines.
Written on 29 October 2026. The content is from the source; the glosses are ours.
