How 'SAERO' Investigates Harassment Allegations in Korea

 

Based on our diverse experience in handling various cases, Labor Law Firm SAERO conducts thorough investigations into workplace harassment and sexual harassment in the workplace, aiming to derive a reasonable conclusion.

Our experience includes:
- Cases where harassment reports were received against department heads, company executives, and union leaders
- Cases involving multiple perpetrators or victims
- Cases stemming from anonymous reports
- Conducting investigations in English for foreign employees

 

 

Please refer to the summary below for our investigation procedures. For a detailed explanation, please reach out to us by email.

 

[1] Investigation Process

1. Kick-off meeting initiated by SAERO & Company.
2. Essential materials identified and requested by SAERO.
3. The Company gathers and provides requested materials.
4. Precautionary measures, including standby or administrative leave, (decided upon if needed).
5. Interview documentation, including Non-Disclousre Agreement and questionnaire, prepared by SAERO.
6. Collaborative document review between SAERO & Company.
7. Interviews coordinated by the Company, with SAERO as an optional manager.
8. Interview sequence managed by SAERO: reporter/victim → witnesses → perpetrator.
9. Preliminary findings discussed in an interim review by SAERO & Company.
10. SAERO drafts an investigation report and organizes a briefing session if requested.
11. The Company analyzes findings and reaches a conclusion.

 

[2] Interviews Method

1. Interview with Reporters or Victims

• Face-to-face interview: Conducted in person, with the following processes: 
• Statement Compilation: After gathering their testimony in writing, they review and sign the compiled statement.
• Non-disclosure Agreement (NDA): They are required to sign an NDA to ensure confidentiality.

 

2. Interviews with Witnesses

Option A Face-to-face Interview: Conducted in person, with the following processes: 

• Verbal Testimony Compilation: The interviewer directly documents the testimony, excluding witness revision
• Non-disclosure Agreement (NDA): Witnesses sign an NDA ensuring their confidentiality.

 

Option B Virtual Call Interview

• Verbal Testimony Compilation: The interviewer compiles the testimony during the call.
• Verbal Confidentiality Assurance: Witnesses are informed about their duty of confidentiality over the call.

 

3. Interviews with Alleged Perpetrators

Face-to-Face Interview: Conducted in person, with the following processes:

• Statement Compilation: After gathering their testimony in writing, they review and sign the compiled statement.
• Non-retaliation and Confidentiality Agreement: They sign an agreement that not only ensures confidentiality but also prohibits retaliatory actions.

 

[3] What's Included in the Investigation Report

• Report Overview: Introduction to content.
• Legal Context: Company's obligations, definitions of workplace harassment, relevant legal references.
• Case Details: Timeline of events, major contentious points, evidence list and assessment, testimony credibility, verified facts.
• Evaluation & Judgment: Harassment assessment and reasoning, review of other rule violations.
• Company Implications: Potential legal risks, protection measures for the victim, actions recommendations for the perpetrator.

 

For any questions, please send an email directly to saero@saerolabor.com.