There have been some significant developments in South Korea's anti-discrimination laws:

• Employers have new statutory obligations to address workplace bullying and are subject to fines for noncompliance.
• Employees have the right to petition the Labor Relations Commission for relief in gender-discrimination and sexual harassment cases, and to demand damages.
• A February 2023 court ruling ordered the government's National Health Insurance Service to provide spousal coverage to same-sex couples, potentially opening the door to other discrimination claims based on sexual orientation.

In the past several years, South Korea has taken significant steps towards strengthening its employment anti-discrimination law. Although no comprehensive anti-discrimination law has yet passed, employers in Korea must take into account significant and recent statutory amendments and court decisions that have built upon existing anti-discrimination laws such as the Equal Employment Act, the Disability Discrimination Protection Act, and the Fixed-Term Act.

Workplace Bullying Is Now Statutorily Prohibited

The Korean National Assembly passed amendments to the Labor Standards Act (LSA), addressing the widespread but (until recently) overlooked issue of bullying at work or "gapjil," with some of the amendments becoming effective as of October 14, 2021.

Under the amended LSA, workplace harassment is defined as an act of incurring physical or mental suffering or a worsening of the work environment by...

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