Bullied at work in Korea as a foreign worker: what can I do?

Korean law bans workplace harassment (직장 내 괴롭힘), and it protects foreign workers in the same way as Korean ones. You can report it to your employer, who must then investigate without delay and protect you, and the employer may not dismiss or punish you for reporting. If the person bullying you is the owner, or the company does nothing, you can take it to the labor office. For E-9 workers, serious mistreatment may also justify moving to a new employer.

What counts as workplace harassment?

The law describes it through three elements. All three should be present:

1. An advantage in position or relationship. A boss over a worker is the obvious case, but a group of Korean co-workers against one foreign worker, or a long-serving employee against a new arrival, can also hold that advantage.
2. Going beyond what work reasonably requires. Strict instructions and criticism of real mistakes are part of work. Insults, humiliation and tasks that have nothing to do with the job are not.
3. Physical or mental suffering, or a worse working environment.

Both the employer and co-workers can commit it, and what matters is the behaviour, not whether the person meant to hurt you.

One limit: these harassment rules are usually read as not covering businesses where fewer than 5 people work. Even there, violence and serious insults can be reported to the police, and unfair treatment can still matter for an E-9 workplace change.

What does it look like for foreign workers?

These situations are often reported by foreign workers. Each one is judged on its facts, but they are the kind the law is aimed at:

• swearing or name-calling about your nationality, skin colour or religion
• mocking your Korean in front of others, or giving orders only in fast Korean and then blaming you for not following
• threats such as "I will send you home" or "I will cancel your visa"
• always giving you the dirtiest or most dangerous job, or leaving you out of meals and breaks on purpose
• making you do the boss's personal errands or farm chores at the boss's house
• taking your phone during break time, or reading your private messages

Physical violence by an employer is banned outright by a separate rule and is a crime. Sexual harassment is covered by other laws as well, with its own procedure.

How do I report it?

Anyone who knows about harassment can report it to the employer, not only the victim. Put it in writing, even a short message, so the date is fixed:

• who did it, and their position
• what was said or done, with dates and places
• who saw it
• what you want: an investigation, to be moved away from that person, or both

Keep a copy. If the company has an HR or harassment contact, send it there as well as to the owner. You can write in your own language and attach a translation later; the important thing is that the report exists.

What must the company do once it knows?

An employer who skips the investigation, the measures due once harassment is confirmed, or confidentiality can be fined up to 5 million won.

Can they punish me for reporting?

No. Dismissal or any other unfavourable treatment of the person who reported, or of the victim, is a crime carrying imprisonment of as long as 3 years or a fine as high as 30 million won. Unfavourable treatment includes cutting your shifts, moving you to a worse post, a bad evaluation out of the blue, or pressure to sign a resignation.

If this happens, note the date it started and how it connects to your report, because the timing is often the strongest evidence.

What if the owner is the one bullying me?

Then reporting to the employer means reporting to the person who did it. In that case, go straight to the labor office for your area (지방고용노동청). An employer who harasses a worker personally can receive an administrative fine (과태료) as high as 10 million won, and the same applies when certain relatives of the owner working at the company do it.

That office may also act when the company received your report and did nothing. Ask for an interpreter when you file. Offices can usually arrange one.

Can I change workplace on an E-9 visa?

Possibly. The law allows a change outside your normal change limit when staying on is no longer reasonable owing to unfair treatment by the employer or broken working conditions. Repeated abuse, violence or threats are the kind of facts the employment center handling your case (고용센터) considers, and the result of a labor office investigation makes the case much easier.

Do not stop going to work before the change is approved. Bring your written report, the employer's reply or silence, and your evidence to that center first.

What evidence should I save?

• Write a dated diary the same day: what happened, the exact words, who was there.
• Save messages and voice notes. Recording a conversation that you are part of is generally lawful in Korea.
• Photos of injuries and a doctor's note, if there was violence or stress-related illness.
• Names and phone numbers of co-workers who saw it, including other foreign workers who may leave Korea soon.

Next step

Write down the three worst incidents with dates today, while you still remember the words. That list is the core of any report. Consultations are paid; when you contact us, a staff member will call you back and explain the fee.

법무법인 대한중앙
1533-7377

Rules applied

Labor Standards Act (근로기준법) Article 76-2 (definition and ban of workplace harassment), Article 76-3 (reporting, investigation, protective measures, discipline, no unfavourable treatment, confidentiality), Article 109(1) (penalty for unfavourable treatment of a reporter or victim), Article 116(1) and (2) (fine up to 10 million won for harassment by the employer or relatives; up to 5 million won for failing to investigate or act), Article 8 (no violence by the employer), Article 11 (5 or more workers). Act on the Employment of Foreign Workers (외국인근로자의 고용 등에 관한 법률) Article 25(1)2 and (4) (workplace change for unfair treatment, not counted in the limit).

This is general information, not legal advice. Every case is different.