Company penalized for mistreatment of overseas laborer at Naju brick production facility
In a recent development, the Labor Ministry of South Korea has announced the results of a labor inspection conducted on a Sunday at a brick manufacturing plant in Naju, South Jeolla Province. The inspection revealed 12 violations of labor laws, one of which has drawn significant public attention.
The incident in question involved a 31-year-old Sri Lankan employee who was bound with white plastic wrap and lifted by a forklift at the plant. The nature of the abuse towards the victim is now clearer due to a video circulated early last month. The act is considered workplace harassment under the Labor Standards Act.
Initially, the labor violations found at the brick manufacturing plant did not include acts of workplace harassment or assault. However, the Labor Ministry has taken swift action, fining the employer 3 million won for the abuse and referring both the employer and the worker in question to prosecutors.
Under the South Korean Labor Standards Act, workplace harassment is prohibited, and perpetrators can be fined when found guilty of such violations. The penalties include fines imposed on the perpetrator, as demonstrated in a case where an individual was fined for workplace harassment involving physical assault of a foreign worker.
The employer has a legal obligation to conduct mandatory workplace sexual harassment prevention training annually. Failure to do so can result in fines up to KRW 5,000,000. This training must be properly implemented, not just through distributing materials, to meet legal standards.
The perpetrator of harassment is directly liable and can face fines and legal charges under the Labor Standards Act. The employer is also liable for ensuring prevention training and proper handling of harassment cases, and failure to comply can result in penalties against the company.
Here's a summary of the liabilities and penalties:
| Responsible Party | Liability & Penalties | |-------------------|-----------------------------------------------------------| | Perpetrator | Fines and legal charges for harassment acts[2] | | Employer | Fines for failing to conduct proper harassment prevention training, legal obligations for investigation and protection[1] |
These measures reinforce the employer's duty to maintain a harassment-free workplace and penalize both individual perpetrators and organizations failing in their preventive responsibilities.
It's worth noting that the total unpaid wages at the brick manufacturing plant amounted to 29 million won. The Labor Ministry has ordered corrective action for the violations found at the plant.
This incident serves as a stark reminder of the importance of adhering to labor laws and promoting a safe, respectful, and harassment-free workplace in South Korea.
The Labor Standards Act in South Korea prohibits workplace harassment, which can result in fines for perpetrators if found guilty (Labor Standards Act). The employer has a legal obligation to conduct mandatory workplace sexual harassment prevention training annually. Failure to do so can incur fines up to KRW 5,000,000 (South Korean Labor Standards Act). This case at the brick manufacturing plant illustrates the need for health-and-wellness focusing not only on physical safety but also mental health, as workplace harassment can have severe effects on employees (workplace-wellness, mental-health). It is crucial for the justice system to address such issues as they appear in general-news media, like this recent incident, to uphold a standard of workplace-wellness and maintain a crime-and-justice system that ensures fair and safe working conditions (crime-and-justice).
