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Workplace harassment and sexual harassment are hot topics in HR and labor relations. At our firm, we frequently handle internal investigations into these issues, with many cases currently in progress.
A common question we get is, What’s most important when investigating workplace harassment or sexual harassment? Today, I want to focus on a critical factor: confidentiality.
Confidentiality is more than only a best practice—it’s a legal obligation. For example, Article 76-3(7) of the Labor Standards Act requires that anyone involved in workplace harassment investigations must not disclose confidential information without the victim’s consent. Similarly, Article 14-2(2) of the Equal Employment Opportunity Act mandates strong protections for the victim in sexual harassment cases.
Son: Why is confidentiality so essential?
It is a fundamental premise for securing the trust of the parties involved in the finding of an internal investigation.
It is a measure to prevent secondary victimization of the complainant.
It promotes fairness by preventing witness statements from being influenced.
It shields the organization and individuals from legal liability.
A breach of confidentiality can undermine the entire investigation. If sensitive testimony leaks, either party may reject the findings, claiming the process was biased. Worse, leaking information can harm the complainant, intimidate witnesses, or compromise their objectivity.
Legal precedent reinforces this. The Seoul High Court decision 2015Na2003264 (decided on ruling on December 18, 2015), ruled that even before confidentiality laws were explicit, investigators were required to avoid disclosing details or harming the reputations of those involved. Such breaches not only cause secondary harm to victims but discourage others from additional allegations.
To avoid these risks, organizations must emphasize confidentiality from the beginning. All participants in an investigation should sign confidentiality agreements and understand that breaches can result in legal consequences—for both individuals and the company.
Protecting confidentiality isn’t just about following the law—it’s about ensuring fair, trustworthy investigations and creating a safe workplace for everyone.
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