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| A revised law banning workplace bullying is scheduled to take effect on July 16. / gettyimagesbank |
By Kang Seung-woo
A law banning harassment in the workplace will come into force in less than a month, giving a flicker of hope that workplace bullying by management and colleagues will decline.
But concerns also remain over how the bullying will be proved and the bullies punished, as criteria is as yet unclear.
The Ministry of Employment and Labor proclaimed the revised Labor Standards Act in January, which will specifically prohibit bullying by people in more senior positions, and it is scheduled to take effect on July 16.
It defines workplace bullying as an act by an employer or an employee inflicting physical or mental suffering on other employees beyond the appropriate scope of work, or harming the victims' work environment by taking advantage of their position or relationship in the workplace.
Harassment includes coercing subordinates to participate in get-togethers, forcing them to drink, talking behind their backs as well as using swear words and violence.
All companies have to draw up measures against workplace harassment before the revised law becomes effective, and they must specify the measures in the rules of employment and report them to the local labor authorities.
When an act of bullying occurs, anyone ― either the victim or a witness ― can report it to the employer, who is required to investigate the case and take punitive action against the perpetrator. Plus, the employer has to transfer victims to another department or give them a paid vacation if they request it.
Any employer who disadvantages victims of bullying will face up to three years in prison or a 30 million won ($25,300) fine. In addition, if they fail to stipulate the measures in the employment regulations, they will be slapped with a fine of 5 million won.
For now, many employees are welcoming the law.
"I hope the law will reduce, if not eliminate, bullying in the workplace" an employee surnamed Jin told The Korea Times. "Although there are some concerns over the law's efficacy, everyone involved needs to make efforts toward its smooth implementation."
However, critics point out that some parts of the law are a little vague.
"It is not easy to define what actions constitute harassment," said another employee who wanted to be identified by Yu.
"In addition, it is questionable how many people will dare to report it, afraid of revenge."
A civic group handling reports of workplace bullying also said the government is paying little attention to the law.
"Although the revised law will take effect on July 16, the labor ministry has yet to make the planned implementation public through TV or newspaper ads," the group said.
"In addition, it has failed to assess whether companies have added preventive measures to their rules of employment."
Regarding the criticism over a lack of punishment, Rep. Han Jeong-ae of the Democratic Party of Korea submitted a revision bill to give workplace bullies up to two years in prison or up to 20 million won in fines.
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