Workplace Sexual Harassment in Korea: Criminal Complaint Options for Foreign Workers

Key Summary

If you are a foreign worker in Korea facing sexual comments, touching, coercive messages, or pressure at work, do not rush to explain the whole story before checking the record. The first step is to s…

If you are a foreign worker in Korea facing sexual comments, touching, coercive messages, or pressure at work, do not rush to explain the whole story before checking the record. The first step is to save records and separate workplace reporting, criminal complaint, and employment or visa concerns. This article is for foreign victims in Korea who need to preserve evidence, report without losing key context, and prepare a Korean victim statement.

Start with three basics: what happened, what proof exists, and whether the Korean record says it correctly before you sign.

The main risk is that a workplace issue may involve both employment procedures and criminal-law review, and the first written report may shape the later case.

In plain language, this means one sentence, one message, or one missing record can change how the case looks. Korean police, prosecutors, or the court may later compare your first explanation with phone records, messages, payment records, CCTV, or other documents.

For a foreigner, there is one more problem: the final police record is usually written in Korean. If the Korean record says something slightly different from what you meant, that difference can matter later.

Preserve messages, emails, meeting records, CCTV location clues, names of people involved, HR reports, medical records if injury or treatment exists, and employment documents.

Do not save only one screenshot that looks helpful. Save the full conversation and the original records where possible. A clear record usually answers four basic questions:

- Who was involved? - When did it happen? - What exactly happened? - What proof shows it?

Before giving a statement, write what happened by date and identify which acts were sexual, threatening, retaliatory, or related to work authority.

Then build the timeline in four parts:

- Before: how the situation started. - During: what happened at the main moment. - After: what each person did next. - Proof: which message, photo, receipt, file, or record supports each point.

This is important because a police interview is not a casual chat. If you guess, exaggerate, or explain too much before checking records, the statement can become confusing.

Avoid sending emotional threats to the other person, posting identifying accusations online, deleting chats after taking screenshots, or submitting cropped evidence without context. If you ask a platform to delete harmful content, record the URL, account, upload time, and deletion request first.

Also avoid making the first statement only about feelings. Police need facts first: dates, places, people, messages, payments, files, URLs, account IDs, and records showing harm or loss.

An interpreter helps you understand language. But a victim statement still needs structure: what happened, what proof exists, what you want investigated, and what harm or loss followed.

If the evidence is in your phone, computer, account, or cloud storage, ask how to submit copies while keeping original records. If your visa, job, housing, or school situation depends on the other person, that issue may need separate review.

A Korean lawyer's review of a workplace sexual harassment complaint can involve concrete steps, not only a general offer to speak on your behalf. Doyun Lee handles Korean criminal cases and can discuss the following in English and Chinese:

- Checking whether the alleged conduct fits an offense such as forced indecent act under Article 298 of the Criminal Act, since eligibility for victim-support measures depends on the specific charge, not the workplace label alone. - Where the case qualifies, requesting that a support person accompany you during the police interview under Article 34 of the Act on Special Cases Concerning the Punishment of Sexual Crimes, and reviewing whether the state-funded victim-attorney system under Article 27 of the same Act applies. - Organizing preserved messages, HR complaint records, and CCTV location clues into a dated timeline before any written report is filed, separating what is directly documented from what is remembered. - Reviewing the Korean-language victim statement under Article 244(2)-(3) of the Criminal Procedure Act before signing, since an interpreter conveys the words but does not decide whether a Korean sentence is later read as consent, exaggeration, or an inconsistency with an earlier account. - If the case is not referred for prosecution, explaining the objection procedure under Article 245-7 and its deadline, and separately reviewing whether retaliatory contact or threats from the other side should be treated as its own complaint.

Legal help is not only about speaking for you. It is about making sure the Korean-language record matches what you actually experienced, and that the workplace, criminal, and stay-status issues are not treated as if they were one process.

Q1. Should I explain everything immediately? A. Usually no. First confirm your status, the issue or alleged charge, the police station, the officer, and the date. Then prepare your timeline and records.

Q2. What if I cannot read Korean? A. Ask for interpretation before signing the Korean record. If a sentence is wrong, too broad, or missing important context, ask for correction before signing.

Q3. Is one screenshot enough? A. Usually not. One screenshot may miss context. Full messages, dates, account information, payment records, photos, files, and CCTV location clues may be needed.

Q4. Can this affect my visa or stay in Korea? A. It depends on the exact facts, charge, result, stay status, and prior history. Criminal procedure and immigration review should be checked separately.

Q5. What should I send before consultation? A. Send the police station if any, alleged charge or issue, interview or deadline date, your status in the case, timeline, complete messages, and key records to dylee@newlawyer.co.kr.

This content is general legal information and is not a promise of any result. Korean criminal cases should be reviewed based on exact facts and records. For consultation, email the timeline, complete records, and police or court documents to dylee@newlawyer.co.kr.

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Attorney Doyun Lee, a KBA-certified criminal law specialist, reviews criminal matters directly. Remote representation is available nationwide in Korea.