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Recently, the issue of workplace bullying has become a social issue in connection with the case of the late Oyoanna. The issue of workplace bullying is not simply a problem of individual organizations, but is a structural problem that exists throughout our society. In particular, this problem is more serious in Korean society, where hierarchical organizational culture is strong, and many victims are suffering without even reporting it.
This incident has served as an opportunity to once again remind us of the problem of workplace bullying, especially in the power relations within an organization. Workplace bullying is a serious problem that can have a serious impact on the mental and physical health of members of an organization, beyond a simple emotional fight. Let’s take a look at what workplace bullying is in legal terms and what measures workers can take to respond to it.
1. What is workplace bullying?
Workplace bullying is specifically stipulated in Article 76-2 of the Labor Standards Act. According to this, workplace bullying is defined as “an act in which an employer or employee uses his or her superior position or relationship in the workplace to cause physical or mental pain to another employee or worsen the work environment beyond the appropriate scope of work.” According to this definition of workplace bullying, three major elements must be met in order to constitute workplace bullying.
First, in order for it to be considered workplace bullying, the act must be an act of taking advantage of superiority. Here, “superiority” does not simply mean superior-subordinate relationships in terms of rank, but also encompasses work experience, personal networks, and power. For example, it can be considered an act of taking advantage of superiority when a supervisor gives excessive work to a new employee or gives unreasonable instructions, or when colleagues isolate a specific employee.
Second, it must be an act that exceeds the appropriate scope of work. This includes giving unnecessary and excessive instructions that are unrelated to work, or intentionally ordering repetitive and simple tasks. In addition, ordering someone to run personal errands unrelated to work or forcing someone to attend a company dinner can also be considered an act that exceeds the appropriate scope of work.
Third, the victim must suffer or the work environment must deteriorate. Workplace bullying must go beyond simple discomfort and cause psychological distress or make it difficult to perform work. This includes repeated verbal abuse, public humiliation, and intentional exclusion.
If so, it is necessary to look at the specific types and instances of workplace bullying and carefully consider whether the situation that occurred constitutes a case that requires reporting.
2. Types and cases of workplace bullying
Since the three elements mentioned above must be met in order to constitute workplace bullying, some may wonder if this does not constitute workplace bullying. However, workplace bullying occurs in more diverse forms than you might think, and the main types are as follows:
Physical harassment is one of them, which causes physical pain to the victim through assault, threats, physical contact, etc. This can also be seen in cases where a supervisor makes unnecessary physical contact with an employee or threatens them in a coercive manner. Mental harassment refers to cases where mental pain is caused through verbal abuse, insults, and belittling, such as publicly reprimanding during a meeting, making disparaging remarks about appearance or personality, and excessive emotional abuse.
In addition to this direct bullying, social isolation is a type of workplace bullying. Here, social isolation refers to the act of intentionally excluding and isolating a specific worker. Representative examples include excluding a specific worker from formal or informal settings such as meetings or company dinners, or continuously excluding them from important tasks. In addition, work-related bullying is also a common type of workplace bullying. This refers to cases where unnecessary or excessive work is assigned, or work is unfairly reduced or excluded. This includes situations where workers are repeatedly instructed to do chores unrelated to their jobs or are intentionally assigned excessive amounts of work.
In addition to direct and indirect harassment, there are cases where invasion of privacy of workers is recognized as workplace harassment. Invasion of privacy includes acts that invade the private space of workers or disclose personal information without consent. For example, cases where workers are publicly mentioned or forced to share family information or personal preferences in the workplace are included.
3. Measures to counter workplace bullying
Because workplace bullying is a problem that can occur at any time, it is important to know in advance what countermeasures to take when workplace bullying occurs.
Article 76-3 of the Labor Standards Act clearly stipulates measures to be taken when workplace bullying occurs. According to this, anyone who becomes aware of workplace bullying may report it to the employer, and the employer must conduct an objective and fair investigation into the facts and take appropriate measures for the victimized worker. In addition, since it prohibits any act of disadvantage to a reporter, the law guarantees that even if you have suffered damage or witnessed bullying, you can report it without hesitation. In this way, if workplace bullying occurs, reporting it to the employer is the first response measure. At this time, it is important to specifically record the content of the bullying, the time of occurrence, the damage situation, etc., and secure related evidence (recordings, emails, messenger conversations, etc.).
However, if the company does not take appropriate action after reporting internally or blocks the report itself, you can report it to the Ministry of Employment and Labor. If the Ministry of Employment and Labor investigates and determines that workplace bullying has occurred, it will order the company to take corrective action. In addition, if workplace bullying is serious and the victim suffers serious physical or mental damage, you can hold the perpetrator and the employer legally responsible through a criminal complaint or civil lawsuit.
However, there are realistic difficulties in reporting bullying within the company, such as being cautious due to the eyes of others or fear of disadvantages. Therefore, it is difficult to fundamentally resolve the problem of bullying in the workplace through individual employee responses alone. At the organizational level, it is necessary to ensure convenience in reporting procedures, such as regularly conducting bullying prevention education for all employees, establishing clear regulations on the ambiguous meaning of bullying in the workplace, and establishing an anonymous reporting system, in order to prevent bullying in the workplace.
4. Conclusion
Workplace bullying is not a problem of individual organizations, but a structural problem that affects society as a whole. In order to protect workers’ human rights and create a healthy and productive organizational culture, we need to strengthen legal and institutional mechanisms, while also making voluntary efforts to improve the company. I hope that a workplace environment will be created where victims can no longer endure pain alone and be protected.
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