A court ruling has determined that if a workplace superior verbally abuses or swears at a subordinate, it constitutes workplace harassment and requires compensation to be paid.


The Seoul Southern District Court Civil Division 4 (Presiding Judge Jo Jung-rae) ruled in a damages claim lawsuit filed by Mr. A against his superior Mr. B, ordering "Mr. B to pay 7 million KRW" (2022가단241657).


[Image source=Yonhap News]

[Image source=Yonhap News]

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Mr. A stated that Mr. B sent a KakaoTalk message after 11 p.m. instructing him to prepare a work presentation for the next day, then verbally abused and swore at him via Kakao Voice Talk.


Additionally, at the year-end party in December 2021, Mr. B made scolding remarks toward him, threw work documents onto the desk, and unfairly assigned tasks without any explanation regarding the work content.


Ultimately, Mr. A resigned in February 2022.


The court stated, "Mr. B’s inappropriate behavior constitutes so-called 'workplace harassment' and is an unlawful act infringing on Mr. A’s personal rights," adding, "He is responsible for compensating the mental damages suffered by Mr. A."


However, the court ruled that "Mr. B’s comments to other employees expressing dislike of working with Mr. A, referring to Mr. A as 'jae' (that person), or chasing Mr. A out during a presentation and giving him a reprimand lack sufficient evidence or cannot be considered unfavorable treatment or acts exceeding an appropriate level."


Article 76-2 of the Labor Standards Act (Prohibition of Workplace Harassment) prohibits employers or employees from using their position or relational superiority at work to cause physical or mental suffering to other workers.



Reporter Lee Soon-gyu, Legal Newspaper


※This article is based on content supplied by Law Times.

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

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