Sexual harassment refers to unwanted words or actions of a sexual nature that cause a person to feel sexual humiliation or shame. Korean law prohibits sexual harassment in work- and employment-related relationships such as the workplace and school, and actively protects the rights of those affected. This guide explains what sexual harassment is and how you can respond if it happens to you.

What is sexual harassment?

The Framework Act on Gender Equality (Article 3, Paragraph 2) defines sexual harassment as “conduct in which, in the course of employment, work, or another relationship, an employee, employer, or worker uses their position, or acts in connection with work, to make another person feel sexual humiliation or aversion through sexual words and actions or sexual demands; or conduct that disadvantages the other person because they did not comply with such sexual words and actions or sexual demands, or that expresses an intention to grant benefits in return on the condition that they comply.”

More specifically, sexual harassment occurs when someone in a position of authority, or in connection with work or another ongoing relationship, does any of the following:

  • Uses sexual words, actions, or demands that cause another person to feel sexual humiliation or aversion
  • Disadvantages someone because they refused a sexual demand
  • Implies that benefits will follow if someone complies with a sexual demand

Why does the law regulate sexual harassment?

Sexual harassment violates victims’ fundamental rights, including their right to sexual self-determination (the right to make their own decisions about their own sexual conduct), their right to work in the workplace, and their right to learn in educational settings.

How is it decided whether something counts as sexual harassment?

The intent of the person who did it is not the deciding factor. Saying “I was just joking” or “I didn’t mean anything by it” does not automatically mean it was not sexual harassment. At the same time, feeling offended alone is not automatically enough to establish sexual harassment either. Three things are considered together:

  1. The victim’s experience: Did the victim not want the conduct, and did it cause them to feel sexual humiliation or aversion?
  2. The reasonable victim standard: Would an average person placed in the same situation also have felt sexual humiliation or aversion?
  3. Context and circumstances: The severity and frequency of the sexual conduct, and the relationship between the parties involved

Types of sexual harassment

Verbal sexual harassment

Sexual harassment carried out through spoken or written words:

  • Sexually explicit jokes or stories (including by phone, text message, social media, or email)
  • Making uninvited comments about someone’s appearance or asking about their sexual experiences
  • Spreading rumors about someone’s sex life

Visual sexual harassment

Sexual harassment that causes discomfort or aversion through something seen:

  • Showing, displaying, or posting sexually explicit photos, images, or videos
  • Deliberately exposing specific parts of one’s body

Physical sexual harassment

Sexual harassment involving unwanted physical contact:

  • Touching someone’s head, shoulders, back, or other body parts without their consent
  • Pressuring someone to do things like a “love shot” (a drinking custom where people link arms while drinking)

Sexual harassment in the workplace

Under the Act on Equal Employment and Support for Work-Family Reconciliation (Article 2, Paragraph 2), workplace sexual harassment occurs when an employer, supervisor, or colleague uses their position or takes advantage of a work relationship to cause another employee to feel sexual humiliation or aversion, or to disadvantage an employee in their employment because that employee did not comply with sexual conduct.

How workplace sexual harassment is assessed

According to the Ministry of Employment and Labor’s Workplace Sexual Harassment Prevention and Response Guide (January 2025), the following factors are considered:

  • Connection to work: The conduct must involve the use of workplace authority or have a connection to work duties. Harassment that happens outside working hours or away from the workplace can still qualify if it is connected to work. For example, harassment that occurs on the way home after work may be found to have a sufficient work connection.
  • The victim’s wishes: The conduct must be something the victim did not want. This includes cases where the victim did not say “no” directly but showed reluctance or implicitly refused. It is recognized that openly refusing can be difficult when there is a power imbalance, such as between a supervisor and a subordinate.
  • Sexual nature: The words or actions must carry a sexual meaning.

All employers have a legal obligation to prevent sexual harassment in the workplace. Every employer must provide sexual harassment prevention training at least once a year.

What to do if you experience sexual harassment

Sexual harassment is not your fault. Please do not worry. You can work through the steps below at your own pace.

Overview of steps to take

  1. 1. Make clear that the conduct is unwanted

    As soon as you are able, tell the person specifically what they did, how it made you feel, and what you want to happen next.

  2. 2. Gather evidence

    Keep a written record of incidents including dates, times, and locations, and save any texts, emails, recordings, or other evidence.

  3. 3. Report through your workplace

    File a report with your workplace's designated grievance officer or HR department to start the internal resolution process.

  4. 4. Contact an external agency for help

    If the issue cannot be resolved internally, or if you experience retaliation, seek help from the Ministry of Employment and Labor (1350), the National Human Rights Commission of Korea (NHRCK, 1331), or the Women's Emergency Hotline (1366).

  5. 5. Pursue legal remedies

    Depending on your situation, you may apply for relief through the Labor Relations Commission, file a complaint or criminal charge with the Ministry of Employment and Labor, submit a complaint to the NHRCK, file a criminal complaint, or seek civil damages.

Step 1: Make clear that the conduct is unwanted

If you are able to, tell the person firmly that their behavior is unwanted. Even if you were not able to say something at the time, it is a good idea to communicate your position as soon as you can. Try to cover these three things:

  • The specific action the person took
  • How it made you feel
  • What you want to happen (for example: an apology and a commitment it will not happen again, disciplinary action, being moved to a different location, or compensation for harm)

Step 2: Gather evidence

  • Write down what happened, how it made you feel, and when and where it occurred.
  • Save every piece of evidence you can, including text messages, emails, chat logs, and recordings.
  • If there were any witnesses nearby, ask whether they would be willing to provide a statement.

Step 3: Use your workplace’s internal process

If your workplace has a grievance officer or a procedure for reporting sexual harassment, use it. If not, report the matter to your HR department. Foreign workers are entitled to the same legal protections as everyone else, and can get counseling by calling 1350 (Ministry of Employment and Labor customer service center). Workers employed under the Employment Permit System (EPS) (E-9 and H-2 visas) can also get counseling through the Foreign Worker Comprehensive Support Portal.

Step 4: Contact an external agency

If the matter is not resolved internally, or if you experience any disadvantage after reporting, please reach out to one of the agencies below.

AgencyContact
Ministry of Employment and Labor Customer Service Center 1350 (no area code needed)
National Human Rights Commission of Korea (NHRCK) 1331 (no area code needed)
Women’s Emergency Hotline 1366 (no area code needed, 24 hours)
Danuri Call Center — Emergency Support for Migrant Women 1577-1366 (13 languages, 24 hours)
Korea Sexual Violence Relief Center 02-338-5801
Korea Women’s Hotline 02-2263-6464
Women Workers’ Legal Support Center 0505-515-5050
Migrant Women’s Human Rights Center 02-733-0120
  • Application for relief to the Labor Relations Commission: If you have experienced disadvantages such as dismissal, suspension, reassignment, or a pay cut, you can apply to the relevant Regional Labor Relations Commission within three months of the incident.
  • Complaint or criminal charge with the Ministry of Employment and Labor: Call 1350 for a preliminary consultation to decide whether to file a complaint or a criminal charge.
  • Complaint to the NHRCK: You can file a complaint with the National Human Rights Commission of Korea within one year of the incident, by visiting in person, calling 1331, or submitting by email, online, or post.
  • Criminal complaint and civil damages: You may file a criminal complaint with the prosecutor’s office, or bring a civil lawsuit in court to claim compensation for the harm you suffered.

Deadlines and procedures can vary depending on your situation. Before taking action, please confirm the latest information by contacting 1345 (Immigration Contact Center, Korea Immigration Service), your local Korea Immigration Service office, or 1350 (Ministry of Employment and Labor).

Watch out for secondary harm after reporting

After reporting sexual harassment, some people experience what is called secondary harm, for example:

  • Being asked intrusive and repetitive questions about what happened
  • Being blamed for the incident because of one’s own behavior
  • Being dismissed or otherwise disadvantaged because of the report

All of these actions are prohibited by law. It is also against the law for an employer to allow the victim to be subjected to group exclusion, physical assault, or verbal abuse after they report. If you experience secondary harm, notify your employer immediately and ask them to stop it. If the problem continues, please contact one of the external agencies listed above.

Helpful things to keep in mind during the process

  • Be careful about who you tell: Share the details of what happened only with people who genuinely need to know, such as a trusted supervisor or a counseling agency. Posting about it on online forums or telling many people unconnected to the situation can actually make it harder to get the help and resolution you need.
  • Be careful when asking for compensation: You have every right to seek compensation from the person who harassed you. However, making statements such as “Pay me or I will take legal action” can be treated as a form of criminal threat under Korean law. If you are unfamiliar with Korean law and the penalties that apply, please read our guide on Korean Laws and Penalties That Foreigners and Refugees Should Know first.
  • Keep medical records: If sexual harassment has caused physical or mental health problems, see a doctor as soon as possible. Medical records can serve as evidence of the harm you experienced. In some cases, illness caused by workplace sexual harassment may be recognized as an industrial accident, which means you could be eligible for compensation.