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Compensation for Damages in Cases of Workplace Bullying
Bongsoo Jung (Korean labor attorney, KangNam Labor Law Firm)
I. Introduction
In August of 2025, a team leader at an apartment management office visited and requested consultation, saying that he was being sued in a civil lawsuit related to workplace bullying. The team leader had twice severely scolded a female janitor on the grounds that her work attitude was poor. The janitor reported to the Ministry of Employment and Labor that she had been bullied at the workplace, claiming that she had developed depression and panic disorder due to the team leader’s abusive remarks. The company received a written statement from the team leader and then convened a disciplinary committee, imposing a written warning. Subsequently, the janitor filed a lawsuit in court, claiming that her illness was caused by the team leader’s workplace bullying, and demanded KRW 80 million in damages. The team leader then inquired how much in damages a perpetrator (the team leader) would be required to pay a victim (the janitor) in such a lawsuit.
To resolve this question, the criteria for recognizing the perpetrator’s unlawful act in workplace bullying cases were specifically examined, and then the actual amounts awarded in consolation money claims compared to the amounts demanded by the victims in real lawsuits were reviewed in detail.
II. Criteria for Determining Compensation for Damages in Workplace Bullying Cases
If an employee has suffered workplace bullying and, as a result, sustained mental or physical harm, such conduct constitutes an unlawful act by the perpetrator, and the victim may claim compensation for mental suffering as damages against the perpetrator. For such a claim to be possible, the requirements for the establishment of a tort under Article 750 of the Civil Act must be met. This provision stipulates: “A person who, intentionally or negligently, commits an unlawful act and thereby causes damage to another shall be liable for compensation therefor.” In other words, the following must be recognized: ① intention or negligence of the perpetrator of the bullying, ② an unlawful act was committed, ③ there was actual damage to the victimized employee, and ④ there is a causal relationship between the unlawful act and the damage.
In other words, first, what occurred must be determined to have been workplace bullying. Workplace bullying refers to acts in which an employer or superior takes advantage of a position of power or relationship in the workplace to go beyond the proper scope of work to inflict mental or physical suffering on another employee or to undermine the work environment. Second, such workplace bullying must constitute an unlawful act under Article 76-2 of the Labor Standards Act. Third, there must be actual damage to the employee. The amount of compensation awarded depends on the extent of the damage. Fourth, there must be a causal relationship between the workplace bullying and the employee’s damage. Mental disorders such as depression, or work-related disadvantages such as exclusion from duties, must result in direct or indirect difficulties in performing work, maladaptation, or other negative consequences.
The Supreme Court has ruled that: “If an employer or superior at a workplace takes advantage of his or her position or relationship in the workplace to go beyond the proper scope of work and inflicts physical or mental suffering on another employee or worsens the working environment, such conduct constitutes unlawful ‘workplace bullying’ and forms the basis of civil tort liability toward the victimized employee.”
An analysis of precedents concerning the calculation of compensation in workplace bullying cases shows no fixed standard for different types of bullying. However, the amount tends to increase when ① there are a high number of bullying incidents, ② the bullying occurred over an extended period, or ③ the extent of damage caused by the bullying is severe. In general cases, most compensation amounted to KRW 5 million or less, but where the bullying was continuous and severe in nature, awards exceeding KRW 10 million have sometimes been recognized. Of course, where the conduct was not recognized as workplace bullying, compensation was not awarded. Therefore, lawsuits on workplace bullying have led to claims for compensation as civil damages only in cases where the Ministry of Employment and Labor, or the company’s investigative committee, has determined that the conduct amounted to workplace bullying.
III. Example Lawsuits and Compensation Awarded
1. Cases Recognizing Awards of 5 Million Won or Less (Consolation Money)
(1) Daejeon High Court ruling on May 12, 2022, Decision 2021Na13620
1) Amount sought: KRW 15 million.
2) Judgment: Defendant to pay KRW 4 million.
3) Summary: The defendant, who was head of the General Affairs and Purchasing Office, forced the plaintiff, who was an in-house attorney and employee belonging to the same office, to perform tasks that were either unnecessary or impossible to carry out given the nature of an in-house counsel’s duties. While making it difficult for the plaintiff to perform legitimate work, the defendant also made insulting or attacking remarks toward the plaintiff and treated the plaintiff differently from other employees. This was recognized as workplace bullying, and the court ordered the defendant to pay KRW 4 million in compensation.
(2) Seoul District Court ruling on September 15, 2022, Decision 2021Gadan213730
1) Amount sought: KRW 15 million from each plaintiff.
2) Judgment: Defendant 1 to pay KRW 3 million, Defendant 2 to pay KRW 1 million.
3) Summary: Defendant 1, who was a team leader at the company, forced the subordinate plaintiff to write a resignation letter. Defendant 2, who was the plaintiff’s direct supervisor, raised his voice at the subordinate plaintiff and threw a mobile phone onto a table. These acts were recognized as workplace bullying. The court ordered Defendant 1 to pay KRW 3 million in compensation and Defendant 2 to pay KRW 1 million.
(3) Incheon District Court ruling on November 23, 2022, Decision 2021Gadan281684
1) Amount sought: KRW 20 million.
2) Judgment: Defendant to pay KRW 2 million.
3) Summary: The defendant repeatedly used abusive and harsh language toward the plaintiff, a colleague, and imposed excessive work on the plaintiff, forcing him to perform unwanted night shifts. These acts were recognized as workplace bullying, and the defendant was ordered to pay KRW 2 million in compensation.
(4) Suwon District Court ruling on December 9, 2022, Decision 2021Na93038
1) Amount sought: KRW 20 million.
2) Judgment: Defendant to pay KRW 3 million.
3) Summary: The defendant, who was the site manager at a construction site, excluded the plaintiff, who was the safety team leader at the site, from work; insulted him with abusive language; revoked his designation as safety team leader and ordered him to go on leave; without consent, moved his workplace location far from other team members (next to a passageway to the restroom); and omitted only the plaintiff from the employee work/leave schedule. These acts were recognized as workplace bullying, and the court ordered the defendant to pay KRW 3 million in compensation.
(5) Incheon District Court ruling on February 7, 2023, Decision 2021Gadan227536
1) Amount sought: KRW 50 million.
2) Judgment: Defendant to pay KRW 5 million.
3) Summary: The defendant, who was in charge of overall office management as office director, committed the following acts toward the plaintiff, who was in charge of the Education Support Team: ordering the plaintiff to use an outdated monitor and computer unlike other employees; instructing that a partition not be installed at the plaintiff’s seat while other team leaders had partitions; ordering removal when the plaintiff installed one; and excluding only the plaintiff from team leader business meetings. These acts were recognized as workplace bullying, and the court ordered the defendant to pay KRW 5 million in compensation money.
(6) Uijeongbu District Court ruling on May 16, 2024, Decision 2023Na211681
1) Amount sought: KRW 30 million.
2) Judgment: Defendant to pay the plaintiff KRW 2 million.
3) Summary: The defendant, who was the plaintiff’s superior in the same department, between around September 2020 and early 2021, often used abusive language toward the plaintiff, and on at least two occasions made derogatory and contemptuous remarks which, by the standards of an average and reasonable person, unlawfully infringed upon the plaintiff’s personal rights. The court ordered the defendant to pay the plaintiff KRW 2 million won in compensation.
(7) Gwangju District Court ruling on September 25, 2024, Decision 2024Na72192
1) Amount sought: KRW 20,085,700.
2) Judgment: Defendant to pay the plaintiff KRW 785,700.
3) Summary: The defendant, who was the plaintiff’s superior in the same department of the Korea Rural Community Corporation, made abusive and profane remarks toward the plaintiff in front of other department members regarding the plaintiff’s use of childcare hours and annual leave. Specifically: ⓐ On November 30, 2021, around 2 p.m., said, “If you are going to work at the company like that, why do you come to work? Damn it, just stay home and watch your baby.”
ⓑ On December 23, 2021, around 9 a.m., said, “Damn it, if you’re going to use childcare time and annual leave, why do you come to work?”
The plaintiff subsequently received psychiatric treatment for depression, anxiety, and insomnia and spent KRW 85,700 in treatment costs. The court ruled that the defendant was liable to pay KRW 700,000 in compensation plus cover the plaintiff’s psychiatric treatment costs of KRW 85,700.
(8) Cheongju District Court ruling on October 23, 2024, Decision 2023Gadan63058
1) Amount sought: KRW 30 million.
2) Judgment: Defendant to pay the plaintiff KRW 3 million.
3) Summary: The defendant, as team leader of the “Farm Team,” was responsible for managing and supervising team members and was found to have engaged in overly emotional responses such as cursing at subordinates or throwing a pen at them. The defendant was found liable for damages arising from workplace bullying. The court ordered the defendant to pay the plaintiff KRW 3 million in compensation.
2. Awards Exceeding KRW 5 Million (Consolation Money)
(1) Suwon District Court ruling on January 29, 2021, Decision 2020Gadan68472
1) Amount sought: KRW 50 million.
2) Judgment: Defendant to pay the plaintiff KRW 12 million.
3) Summary: The defendant, who worked as a manager at the company, was determined to have engaged in workplace bullying by frequently using abusive and profane language toward the subordinate plaintiff over approximately two years. The plaintiff, as a direct result of the bullying, submitted a resignation letter to the company and has been taking medication for depression and other conditions. The court ordered the defendant to pay the plaintiff KRW 12 million.
(2) Suwon District Court ruling on November 9, 2022, Decision 2021Na67381
1) Amount sought: KRW 40 million.
2) Judgment: Defendant to pay the plaintiff KWR 15 million.
3) Summary: The defendant, who was chairperson of the company labor union, committed the following acts against the plaintiff, who was the union auditor: saying “Shall I smash your head?” while picking up a dangerous object, a glass cup, from the desk as if to strike the plaintiff; insulting the plaintiff in front of colleagues by saying, “It must be nice to have gotten old, you idiot! You crazy bastard!”; and despite there being no clear grounds for discipline, passing a disciplinary resolution with the intent to expel the plaintiff from the union. These acts were recognized as workplace bullying, and the court ordered the defendant to pay KRW 15 million in compensation.
(3) Uijeongbu District Court ruling on February 15, 2023, Decision 2022Gahap70004
1) Amount sought: KRW 300 million.
2) Judgment: Defendant to pay KRW 112,057,810 as passive damages and KRW 60 million in compensation.
3) Summary: The defendant, who was an employee in charge of supervising and managing caddies at a golf course operated by a school foundation, was found to have severely reprimanded and made insulting remarks toward the victim, a caddie. It was recognized that due to the defendant’s bullying, the victim suffered stress and diminished self-esteem and ultimately committed suicide. The court awarded 50% of the victim’s lost income (amounting to KRW 112,057,810) as passive damages and 50 million won in compensation, and an additional KRW 10 million for the victim’s mother and sister as surviving family members.
(4) Cheongju District Court ruling on March 17, 2023, Decision 2022Gadan55982
1) Amount sought: KRW 240 million.
2) Judgment: Defendant to pay the plaintiff KRW 60 million.
3) Summary: The defendant, who was the company’s CEO, was found to have engaged in workplace bullying by subjecting the deceased, who had worked for about 25 years as the CEO’s exclusive driver, to prolonged verbal abuse, including profanity, insults, ridicule of his character, and remarks implying disadvantages in employment status, during the course of giving work-related instructions or reprimands. The court ordered the defendant to pay KRW 60 million in compensation to the family of the deceased.
(5) Daejeon District Court ruling on September 12, 2024, Decision 2024Na202605
1) Amount sought: KRW 20 million.
2) Judgment: Defendant to pay Plaintiff KRW 10 million.
3) Summary: The plaintiff is a level-6 term-appointed civil servant working for Daejeon Metropolitan City, and the defendant is a level-5 special local civil servant working in the same place and is the plaintiff’s superior. Considering the circumstances, details, and degree of the defendant’s abusive words and actions; the fact that such words and actions were not a one-time occurrence but continued for years against the plaintiff while they worked together; the mental pain and stress the plaintiff would have suffered due to the defendant’s unlawful conduct and the need to work together again after the defendant’s reinstatement following disciplinary measures—while also taking into account that, even according to the plaintiff’s own assertions, some of the defendant’s words and actions are unclear as to whether they occurred or whether they constitute unlawful acts—the Court ordered the defendant to pay the plaintiff KRW 10 million in compensation.
(6) Changwon District Court ruling on January 17, 2025, Decision 2024Gadan116921
1) Amount sought: KRW 32,034,500.
2) Judgment: Defendant to pay the plaintiff KRW 22,034,500.
3) Summary: The plaintiff was the head of general affairs at a branch of
Corporation D, and the defendant was the branch president. On April 16, 2021, the defendant gave the plaintiff unfair work orders and demanded work changes, excluded the plaintiff from duties, pressured the plaintiff to resign, and ostracized the plaintiff, thereby engaging in workplace bullying. On June 2, 2022, the defendant assaulted the plaintiff by striking him on the back, causing injuries requiring about three weeks of treatment, for which the defendant was sentenced to a fine of KRW 700,000 on January 20, 2023. As a result of the defendants’ workplace bullying, the plaintiff developed an illness diagnosed as “stress adaptation disorder” and received treatment. The defendant was held liable for medical expenses amounting to KRW 2,034,500, which covered both treatment for the stress adaptation disorder and the injury. The court also ordered the defendant to pay the plaintiff KRW 20 million.
3. Review Opinion
Workplace bullying is increasingly leading to civil damage claims, and demands for compensation are becoming frequent. Determining the amount of compensation has basically been done according to the degree of harm suffered by the victim, with the persistence and severity of the bullying also having an influence. Of course, when no causal relationship could be established between the workplace bullying and the employee’s harm, claims for compensation were not recognized. Therefore, when considering filing a claim for compensation, the victim must carefully weigh whether to bring a civil damages claim, considering whether the expected amount of compensation will cover the cost of litigation.
IV. Conclusion
Reported cases of workplace bullying are increasing every year. According to statistics from the Ministry of Employment and Labor, in 2024 alone, 12,253 cases were processed as workplace bullying, with 80% found not to involve legal violations. Nevertheless, 20% is still a considerable percentage being recognized, and civil damage claims for compensation against someone for unlawful conduct in the workplace have been on the rise. The criteria for judgment follow the tort liability principles under Article 750 of the Civil Act, leading to lawsuits claiming compensation for mental suffering. Workplaces must keep in mind that workplace bullying may not only result in company disciplinary measures but also directly lead to civil damages claims. However, it has been confirmed that even when lawsuits are filed, the amount of damages awarded varies, depending on the degree, duration, intensity, and frequency of the bullying. In the end, there must be greater awareness of what constitutes workplace bullying and that it is unlawful as it infringes upon another’s personal rights and thus the perpetrator becomes liable for damage claims. Workplaces need to strengthen their internal efforts to establish an organizational culture of respect in order to prevent the associated legal risks.
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