Exclusive
Court Rules Seoul Metropolitan Government Liable for Workplace Bullying by Civil Servant

[비즈한국] In a lawsuit filed by a Seoul Metropolitan Government employee over workplace bullying by a superior, the court has recognized the state’s liability for damages on the part of the Seoul Metropolitan Government. While there have been cases where employers were held liable for workplace bullying, it is considered rare for such actions to be classified as an illegal act committed during the performance of official duties, thereby triggering state compensation liability.

On October 23, the Seoul Central District Court ruled in a damages suit filed by a Seoul city official, identified as A, against their superior, B, and the Seoul Metropolitan Government, stating that B’s workplace bullying was substantiated and ordering the Seoul Metropolitan Government to pay damages jointly with B.

According to the ruling, A had been subjected to verbal abuse and insults by their superior, B, for about a year after being assigned to a department in 2023. Shortly after A was hired, B would publicly berate and yell at them, saying things like, "Are you going to take responsibility if the expenditure doesn't go through?" and "This is why I said we shouldn't hire new recruits."

A claimed that they were subjected to continuous harassment by B, including the unfair denial of sick leave. Eventually, A suffered from psychological distress due to these actions and sought psychiatric treatment for several months. The medical certificate included an opinion stating that a recovery period of at least six weeks was required.

The court determined that B’s behavior met the definition stipulated in the "Seoul Metropolitan Government Ordinance on Prohibition of Workplace Bullying and Protection and Support for Victims." The ordinance defines workplace bullying as "an act that causes physical or mental distress to other employees or deteriorates the working environment beyond the appropriate scope of work by taking advantage of one's position or relationship within the workplace."

However, the court did not make a judgment on the illegal actions of the Seoul Metropolitan Government itself. A had argued that the Seoul Metropolitan Government, along with the Mayor of Seoul, should also be held liable for damages, citing that the official in charge delayed investigations and failed to conduct in-person interviews after receiving the bullying report. However, the court deemed it unnecessary to judge the city's actions separately because the state’s compensation liability had already been established. The court ruled that the Seoul Metropolitan Government is the "liable party under the State Compensation Act for the illegal acts committed by B in the course of their duties."

While A sought 30 million won in damages, the court granted only a portion of the claim. The court found that some of A's allegations, such as "B leading the ostracization of A," could not be proven. Consequently, the court ordered B and the Seoul Metropolitan Government to jointly pay 4,484,190 won, consisting of approximately 1.5 million won for psychiatric treatment and 3 million won in solatium (consolation money).

It is rare for state compensation liability to be recognized in a case of workplace bullying involving a civil servant. In the case of public officials, the state’s obligation to pay compensation arises when an illegal act is recognized in the performance of official duties, and the court judged that the act of workplace bullying constituted an "illegal act in the course of official duties."

Regarding the first-instance ruling, a Seoul Metropolitan Government official stated, "Whether to appeal has not yet been decided."

Labor attorney C commented, "In the case of general private workplaces, companies are liable for damages when there is an illegal act at the workplace, but since this case involves a public official, different laws appear to have been applied. This is the first time I have seen a case where workplace bullying by a civil servant was recognized as an illegal act in the course of duty, resulting in the state being held liable under the State Compensation Act."

Attorney D explained, "There are not many similar precedents. There are cases involving similar events where state compensation liability was not recognized. However, if an illegal act in the course of a public official’s duty is established, the state's responsibility under the State Compensation Act is acknowledged. Since workplace bullying involves an official committing an illegal act while executing their duties, it is a matter where state compensation liability can certainly be recognized."

Meanwhile, the Seoul Metropolitan Government has recently strengthened disciplinary measures regarding workplace bullying. Last October, the city established measures to enhance personnel management, including excluding those who receive severe disciplinary action at Grade 4 or higher from promotions and restricting those who receive severe disciplinary action at all grade levels from major positions.