Operating Standards for Separating Workplace Harassment Reporters and Respondents
2026.08.05 11:16
Workplace Harassment and Separation Measures Operation Guide
Workplace harassment separation measures
Ensure both protection and procedural fairness.
Separation of the workplace harassment complainant and the accused is a protective measure reviewed after a report is received to prevent further harm and secondary damage. HR personnel must implement separation measures by verifying the complainant's intent, the possibility of contact, the supervisory and reporting relationship, work-relatedness, the fairness of the investigation, and whether there will be any disadvantage.
short answer
Separation is not a disciplinary measure, but a temporary protective measure to be reviewed if necessary.
Please operate following the flow of: Confirm need for protection → Confirm whistleblower's intent → Check for potential contact → Select action method → Confidentiality guidance → Monitoring during investigation → Decide on termination or modification.
🕒 When will it be applied?
This article can be used as a reference in situations where you need to determine whether the complainant and the accused can be placed in the same space or on the same work line after a workplace harassment report has been filed.
It is recommended to consider separation measures, especially in the following cases.
- When the complainant and the accused work on the same team
- In cases where the person reported is the reporter's direct superior or has the authority to evaluate.
- If direct contact, work instructions, or participation in meetings continues after reporting
- When the whistleblower expresses anxiety about retaliation or the spread of rumors
- If there is a possibility of contacting a witness or influencing their statement
- Cases where secondary harm or pressure is a concern during the investigation period
- Cases where protection of the individual is necessary due to rumors spreading within the organization
- When the reported party holds a position of significant influence, such as a manager, executive, or person with personnel authority.
However, the same type of separation measure is not necessary for every reported case. There are instances where work-related contact is minimal, the whistleblower does not wish for separation, or other protective measures are sufficient. Therefore, HR should consider separation measures not as an “automatic measure,” but as an “option based on the need for protection.”
🧭 What an HR Manager Should Do
STEP 01
First, determine the purpose of the separation measure.
Separation is a protective measure, not a disciplinary one. The implementation of separation measures at the pre-investigation stage does not mean that the alleged perpetrator's harassment has been confirmed. HR must clearly communicate this point to the complainant, the alleged perpetrator, and the manager.
The purposes of the separation measures are broadly threefold.
HR must operate based on the principle that it is not a “measure to punish anyone,” but a “measure to create a safe and fair environment during the investigation period.”
STEP 02
Confirm the reporter's intent.
When considering separation measures, the first thing to verify is the whistleblower's wishes. The whistleblower may wish to avoid contact with the accused, but conversely, they may perceive the method of traveling or taking leave as a disadvantage.
It is advisable to explain available options, such as changing the work location, adjusting the chain of command, separating meetings, working from home, paid leave, restricting contact with the accused, or changing the manager, and to confirm the complainant's opinion.
We are reviewing protective measures to prevent further contact or secondary harm during the investigation period. After explaining possible options, such as changing the work location, adjusting the chain of command, separating meetings, and providing paid leave, we will determine the course of action after confirming the individual's wishes.
STEP 03
Confirm the possibility of contact and command and reporting relationships.
When determining the necessity of separation measures, you must verify how frequently the complainant and the accused actually come into contact. Even if they are on the same team, there may be almost no work-related contact, while even if they are in different departments, they may continue to interact due to meetings or reporting lines.
There are cases where adjusting the line of command is more necessary than a simple change of position, and conversely, there are instances where the work line can be maintained while only the method of attending meetings needs to be changed.
STEP 04
Select the separation method.
There are various methods for separation measures. HR must select the most appropriate method by considering the nature of the incident, the whistleblower's intent, work necessity, and organizational structure.
Separation measures are intended to protect whistleblowers, but in actual operation, care must be taken to ensure that the burden is not concentrated on the whistleblower.
STEP 05
The purpose of the procedure is also explained to the accused.
If separation measures are notified to the accused without any explanation, the accused may perceive it as disciplinary action or an admission of fact. HR must inform the accused that the separation measure is a temporary protective measure prior to the investigation and does not mean that the harassment has been confirmed.
A process to verify the facts regarding the reported allegations is currently underway. We are implementing temporary measures to minimize direct contact between the parties during the investigation and to ensure the fairness of the proceedings. This does not mean that the harassment has been confirmed, and we will provide you with ample opportunity to explain your side of the story during the investigation process.
It is recommended to limit necessary business contact to HR or designated manager channels.
STEP 06
We establish standards for confidentiality and prevention of secondary damage.
When separation measures are implemented, rumors about “what happened” may spread within the organization. HR must share the reasons for the separation and the details of the incident restrictively, only with those who need to.
Confidentiality standards may include the following items.
- Scope of people who can know about the report
- Expressions to use when explaining the reason for the separation measure
- Minimum information to share with the administrator
- Message to be used for guidance on meeting and work coordination
- Prohibited contact acts with the informant, the accused, and the witness
- Standards for Separate Management of Investigation Data and Counseling Records
- Response procedures for the spread of rumors or retaliatory remarks
Confidentiality is necessary not only for the whistleblower but also for protecting the rights of the accused and witnesses, ensuring the fairness of the investigation, and preventing unnecessary conflict within the organization.
STEP 07
Determine the separation period and the review timing.
Separation measures are not finalized once decided. Depending on the progress of the investigation, the status of the whistleblower, the necessity of the work, and the possibility of secondary harm, the decision to maintain, modify, or terminate the measure must be reviewed again.
You can record the start date of the temporary measure, the person in charge, the details of the measure, and the timing of the review, and set criteria such as “review after completion of the first interview of the investigation,” “check whether to maintain it after 2 weeks,” and “review whether to switch to a follow-up measure at the time of the end of the investigation.”
It is advisable to internally organize the reasons why action is necessary and the criteria for termination or change.
STEP 08
We will connect this to follow-up measures after the investigation results.
If workplace harassment is confirmed as a result of the investigation, appropriate measures such as a change of work location, reassignment, or ordering paid leave must be considered if requested by the victimized employee. Additionally, necessary measures against the perpetrator, such as disciplinary action or a change of work location, may also be considered.
Conversely, even if the investigation concludes that it is difficult to classify the situation as harassment, internal conflicts or work-related discomfort may persist, so it is necessary to determine whether work adjustments or support for relationship restoration are required.
Isolation measures begin with protective measures prior to the investigation, but must lead to measures for preventing recurrence and organizational recovery following the investigation results.
✅ Separation Measure Operation Checklist
The checklist below is for internal inspection purposes to determine whether separation measures between the complainant and the accused are necessary following a workplace harassment report, and how they should be implemented.
especially Confirmation of the whistleblower's intent, assessment of potential contact, verification of command and reporting relationships, prevention of disadvantages, confidentiality, and setting of review points is a basic verification item. Among all items If 3 or more are insufficient It is recommended to re-examine the separation measures, the fairness of the investigation, and the standards for preventing secondary damage.
⚠️ Common mistakes
POINT 01
Assuming the accused is the perpetrator as soon as a report is filed
Separation measures are protective measures taken prior to an investigation, not disciplinary actions or the confirmation of facts. The accused must also be guaranteed the opportunity to undergo investigation procedures and provide an explanation.
POINT 02
Processing only by moving the reporter first
If a whistleblower is transferred to a different department or removed from key duties against their will, it may be perceived as a disadvantage rather than a protective measure.
POINT 03
Changing only the seats and leaving the line of command intact
If the reported party continues to be involved in work instructions, reporting, evaluations, and approvals, substantial separation may not be achieved.
POINT 04
Explaining the reasons for the separation measure in detail to those around you
The details of the incident and the reasons for the measures should be shared only to the extent necessary, and managers should be instructed not to explain the facts arbitrarily.
POINT 05
Not determining how long the separation measures will be maintained
You must define the start time, review time, and termination or change criteria together.
💬 When EAP support is needed
Workplace harassment separation measures are HR and labor procedures designed to protect victims and ensure the fairness of investigations. The EAP does not replace separation measures, investigations, legal judgments, disciplinary judgments, or formal reporting procedures.
However, the complainant, the accused, witnesses, and administrators may all experience psychological burden during the investigation and separation process. In such cases, the EAP can guide them to psychological support channels separate from the investigation.
If you experience psychological burden, anxiety, sleep problems, or stress from workplace relationships during the process of reporting workplace harassment and implementing separation measures, you may utilize EAP counseling channels. EAP does not replace investigation or legal judgment, and counseling is conducted separately from the investigation process.
🔗 Related Posts
❓ Frequently Asked Questions
Q1. When a report of workplace harassment is filed, is it mandatory to separate the complainant and the accused?
Separation measures in the same manner are not required in every case. However, separation measures should be considered when necessary, taking into account additional harm, secondary harm, chain of command, possibility of contact, the whistleblower's intent, and the fairness of the investigation.
Q2. Can't the reporter be transferred to another department first?
We may review the matter if the method is desired by the whistleblower and does not result in any disadvantage. However, caution is required, as transferring a whistleblower against their will, excluding them from key duties, or negatively impacting their evaluation may be perceived as retaliatory measures.
Q3. Doesn't moving the accused person appear as if you are admitting to the harassment?
You must clearly explain the purpose of the measure to ensure it does not appear that way. It is advisable to inform them that this is a temporary protective measure intended to reduce direct contact during the investigation period and ensure a fair inquiry, and that it does not mean the harassment has been confirmed.
Q4. How long must the separation measures be maintained?
Regular reviews should be conducted based on the progress of the investigation, the possibility of secondary harm, the whistleblower's intent, and the necessity of the work. It is recommended to set a review timeline from the beginning and to re-evaluate whether to maintain, modify, or terminate protective measures after the investigation is concluded.
Q5. Is it permissible to provide EAP counseling even during separation measures?
It is possible. However, you must clearly inform users that EAP is a psychological support channel that does not replace investigations or legal judgments. It must be operated separately from investigation procedures to prevent misunderstandings that counseling content or usage records are being used as investigative data.
Next step
Separation measures protect and fairness
Please operate in a way that protects together.
Please operate in a way that protects together.
Organize whistleblower protection, procedures for the accused, command and reporting relationships, the possibility of work-related contact, confidentiality, and review and follow-up measures into a single operational standard.
Go to Nudge EAP Implementation Consultation →📚 Source and Information
• National Law Information Center, Article 76-2 of the Labor Standards Act: Prohibition of Workplace Harassment
• National Law Information Center, Measures under Article 76-3 of the Labor Standards Act in Case of Workplace Harassment
• Ministry of Employment and Labor Posts Manual on Judging, Preventing, and Responding to Workplace Harassment
• Ministry of Employment and Labor Press Release on Revision of Workplace Harassment Prevention and Response Manual
• Korea Labor Welfare Network, Introduction to the Employee Assistance Program (EAP)
• National Law Information Center, Measures under Article 76-3 of the Labor Standards Act in Case of Workplace Harassment
• Ministry of Employment and Labor Posts Manual on Judging, Preventing, and Responding to Workplace Harassment
• Ministry of Employment and Labor Press Release on Revision of Workplace Harassment Prevention and Response Manual
• Korea Labor Welfare Network, Introduction to the Employee Assistance Program (EAP)
This content is intended for general informational purposes. Specific legal matters, labor issues, investigation procedures, separation measures, disciplinary actions, personal data protection, and psychological counseling matters may vary depending on the workplace situation, the latest laws, and official guidelines; therefore, review by relevant experts or authorities may be required.
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