[In Court: Whistleblowing]④ Subordinate Harassing Superior? Court Examines 'De Facto Superiority'

"Workplace harassment cannot be tolerated under any circumstances. When there is a disregard for the superior's position and authority, as well as the overall organizational structure, the severity of the misconduct is significant."

Contrary to the common belief that workplace harassment is perpetrated by superiors against subordinates, there are cases where superiors suffer from harassment by subordinates. Under the Labor Standards Act, workplace harassment refers to "acts that exploit superiority in status or relationships at work," and courts and administrative agencies have consecutively recognized harassment by subordinates, emphasizing that not only rank or position but also the actual superiority relationship must be considered.

Earlier this year, the Central Labor Relations Commission ruled that a case where 19 group members collectively harassed a superior constituted workplace harassment. The Commission pointed out, "They demanded the group leader’s resignation by hanging banners, distributing promotional materials, and creating petition sheets. These acts exceeded the appropriate scope of work." Noting that the group leader received physical and mental treatment due to the distress caused and that the work environment deteriorated, the Commission stated, "Even if they are subordinates, when they are numerous, superiority in workplace relationships is recognized. The impact of harassment by a majority on overall workplace order is also significant."

The case of employee A at a financial company is similar. From 2018 for two years, he sexually harassed a superior and, together with a senior manager, ostracized the superior. After receiving a report from the manager, the company investigated and dismissed A.

A filed an appeal lawsuit, but in September 2021, the Seoul Administrative Court, Administrative Division 13, ruled against him. The court stated, "Although the plaintiff holds a lower position than the victim, within the organization composed of the plaintiff, the victim, and the senior manager, the plaintiff was able to gain superiority over the victim by allying with the senior manager. It can be evaluated that the plaintiff harassed the victim based on this superiority in status and relationships."

The Ministry of Employment and Labor also explains that superiority in relationships should be considered comprehensively, including length of service, expertise, age, education, gender, regional origin, workplace influence, and regular employment status. Accordingly, a foreign company recently internally judged that a subordinate who acted as a senior colleague in work matters toward a superior who was a "junior from the same hometown" constituted workplace harassment. This decision was made by comprehensively considering the relationship between a male, older, and longer-serving subordinate and a female superior.

Attorney Choi Jisoo of Law Firm Lin explained, "Even if a superior issues legitimate work instructions, if a subordinate repeatedly disobeys and uses various means to pressure, it can be considered workplace harassment." If a subordinate causes repeated and continuous distress to a superior beyond merely expressing dissatisfaction, thereby worsening the work environment, it can be recognized as workplace harassment.

Attorney Choi added, "From the perspective of preventing workplace harassment and investigating and judging facts, companies need to revise employment rules or regulations to clarify what constitutes workplace harassment regardless of superior or subordinate status," and emphasized, "When changing employment rules to the disadvantage of workers, consultation with the labor union is necessary, so it is important for companies to proactively coordinate this part."

This content was produced with the assistance of AI translation services.