Hello, this is attorney Choi Jong-ha of Cheongchul Law Firm.

At call centers, stores, civil-service counters and similar workplaces, the question of “how to protect employees from unjustified attacks” is becoming just as important as treating customers “with kindness.” These days, when you are connected to a call center, you will often hear an announcement, accompanied by a reference to what is commonly called the “Emotional Labor Worker Protection Act,” telling callers that they must not attack the agent. Judging only by the content of such announcements, the legislation tends to be perceived as a campaign-style rule that asks customers to mind their manners, but it is in fact a provision of the Occupational Safety and Health Act (산업안전보건법) that sets out the employer’s obligations. In other words, its point is not that customers bear a duty to refrain from verbal abuse; rather, it is a rule prescribing how a company must protect its employees when such a situation arises.

Under the heading “Measures to Prevent Health Problems Caused by Customers’ Verbal Abuse, etc.,” Occupational Safety and Health Act Article 41 (산업안전보건법 제41조) requires the following four things of employers.

First, the duty to take preventive measures in advance. Article 41(1) (제41조 제1항) provides that, with respect to “customer-facing workers (고객응대근로자)” who are engaged in work selling goods or providing services while dealing with customers face to face or through information and communications networks, the employer must take the measures necessary to prevent health problems caused by customers’ verbal abuse, assault or other acts that inflict physical or mental suffering beyond a reasonable scope. Specifically, this includes preparing a customer-service manual, providing training that covers how to respond to verbal abuse and the like, and establishing response procedures for when health problems occur; the recorded request not to use abusive language that plays before a call is connected is likewise intended to fulfill the obligation under this provision.

Second, the duty to take responsive measures after the fact. Article 41(2) (제41조 제2항) provides that where a worker suffers, or is at significant risk of suffering, health problems due to verbal abuse or similar conduct by a customer or other third party, the employer must take necessary measures such as temporarily suspending or reassigning the work. That is, if verbal abuse has actually occurred, the employee must not be left in that position, and it may be necessary to take steps such as changing the employee’s duties or having the employee stop work for a while. A violation of this obligation may result in an administrative fine of up to KRW 10 million under Article 175(4)(3) of the same Act (같은 법 제175조 제4항 제3호).

Third, the worker’s right to request measures. Article 41(3) (제41조 제3항) provides that a worker may request that the employer take the above measures, such as suspending or reassigning work. This is an express statutory right that allows an employee to ask, “Please take me out of this situation,” and once such a request is made, the company must respond not with deliberation but with actual measures.

Fourth, the prohibition of unfavorable treatment. The latter part of paragraph (3) of the same Article (같은 조 제3항 후단) expressly states that an employer must not dismiss or otherwise treat a worker unfavorably on the ground of the above request. If an employee who requested measures in a verbal-abuse situation is subjected to adverse personnel treatment along the lines of “you are being oversensitive” or “you should put up with that much,” that in itself constitutes a separate violation of the law. More importantly, a violation can even lead to criminal punishment, namely imprisonment for up to one year or a fine of up to KRW 10 million.

In sum, because the name of this system contains the word “customer,” it can be misunderstood as a system that holds customers responsible, but in the end the addressee of every obligation is the employer, from preventive measures and suspension measures to guaranteeing the right to request measures and the prohibition of unfavorable treatment. For a company that has no manual, no training and no suspension procedure to brush the matter aside by saying “our employees handle it well on their own” or “the customers at our workplace are gentle, so we are fine” is a straightforward violation of this provision.

In practical terms, what a company needs to check is clear. Keep your customer-service manual and verbal-abuse response training in documented form, and put in place internal procedures that allow work to be reassigned or suspended immediately when verbal abuse or assault actually occurs. You must also make sure that manager training includes the point that no adverse personnel treatment whatsoever may be imposed on an employee for having requested measures. Going one step beyond the notion that “customers should mind their manners” and clearly recognizing that “the responsibility to protect employees ultimately lies with the company” is the starting point for properly implementing the purpose of this system.