Factory owner penalized for mistreatment of overseas laborer at Naju brick facility
In a recent development, a brick manufacturing plant in Naju, South Jeolla Province, has been under scrutiny after a video of a labor abuse incident was circulated, drawing public attention to the issue. The video showed the 31-year-old victim, a Sri Lankan employee, bound with white plastic wrap and lifted by a forklift.
The Labor Ministry conducted a thorough investigation and found 12 violations of labor laws at the plant. As a result, the employer has been fined 3 million won for abusing the employee.
The labor abuse incident was determined to be a case of workplace harassment under the Labor Standards Act. Under current South Korean law, employers are primarily liable for fines in such cases, not the perpetrators.
The Labor Standards Act holds employers responsible for fines in cases of workplace harassment. Employers are required to conduct mandatory workplace harassment prevention training annually for all employees, including themselves. Failure to do so can result in a fine of up to KRW 5,000,000 (approximately USD 4,200).
Employers are also responsible for ensuring the prevention and proper handling of harassment incidents in their workplace. Failure to meet these responsibilities can lead to administrative sanctions or fines.
For perpetrators of workplace harassment, acts such as assault or physical abuse violate provisions of the Labor Standards Act and may lead to fines or criminal charges depending on the severity of the act. For example, a case where a migrant worker was tied and lifted by a forklift was deemed an assault and workplace harassment violation, leading to a fine under the Labor Standards Act.
The Labor Ministry has referred a worker to prosecutors over the labor abuse incident at the brick manufacturing plant. The accused worker faces up to five years in prison or a fine of up to 50 million won for violating the ban on workplace assaults.
The labor policy reforms in South Korea aim to extend workplace protections, including harassment safeguards, to smaller workplaces with fewer than five employees that are currently exempt. This may affect the scope of enforcement and penalties in the near future.
In summary, the Labor Standards Act in South Korea combines training, prevention, and sanction mechanisms to address workplace harassment. Employers have a clear legal duty to prevent harassment, and failure exposes them to penalties and potentially liability for workplace harm.
The Labor Standards Act in South Korea requires employers to conduct annual workplace harassment prevention training for all employees, and failure to do so can result in a fine of up to KRW 5,000,000 (approximately USD 4,200). General-news outlets have reported that the Labor Ministry is scrutinizing the politics of labor laws in the country, with a focus on crime-and-justice issues such as workplace harassment, following a labor abuse incident at a brick manufacturing plant.
