Speed ​​of investigation into ‘suspicion of workplace bullying by the late Oyo Anna’… Expert: “Illegal acts must also be judged under civil law”

Claim is made that there was a ‘transcript of harassment conveyed during his lifetime’

MBC has begun a formal investigation into the complaint of the bereaved family of MBC weather caster Oyoanna, who died in September last year, that she was subjected to 'workplace bullying' by her seniors. The police also began an investigation (internal investigation) before filing a case.
 
MBC announced in a press release on the 3rd, "A fact-finding committee has been officially launched to determine the truth behind the deceased's death. The committee will begin its activities in earnest starting with its first meeting on Wednesday, February 5th, and we plan to complete the investigation as quickly and accurately as possible."
 
The fact-finding committee chaired by attorney Chae Yang-hee (Hyemyung Law Firm) includes attorney Jeong In-jin (Barun Law Firm) as an external member. Three internal personnel, including the head of MBC's compliance and personnel grievance department, also serve as committee members.
 
An official letter from the Ministry of Employment and Labor ordering an internal investigation into complaints of 'workplace harassment' also arrived at MBC yesterday.
 
After the media report, a number of complaints demanding a thorough investigation into the incident were filed in the Kookmin Newspaper, and the Seoul Western Branch of the Ministry of Employment and Labor, which has jurisdiction over MBC, is said to have converted a citizen's complaint into a complaint and accepted the case.
 
The Seoul Western Branch plans to receive and review MBC's own investigation results and conduct a direct investigation if additional investigation is deemed necessary.
 
Meanwhile, on the same day, the police also began an internal investigation. Mapo Police Station in Seoul announced on the 3rd that it received a complaint from Kookmin Shinmungo on the 31st of last month requesting an investigation into suspicions of workplace harassment against Mr. Oh, and began an investigation before filing a case.
 
On the 29th of last month, the accuser filed a complaint against MBC, the department manager, and two fellow weathercasters for violating the Labor Standards Act and causing manslaughter due to occupational negligence.
 
The accuser said, “MBC has a legal obligation to immediately and thoroughly investigate reports of workplace harassment and implement victim protection measures in accordance with Article 76-3 of the Labor Standards Act.”
 
In addition, it was announced that an investigation was requested into MBC President Ahn Hyeong-jun on charges of violating the Severe Accident Punishment Act.
 
He said, “MBC did not take appropriate action even though the deceased complained of workplace bullying to four people involved,” and added, “This requires a thorough legal review of whether the management manager fulfilled his obligation to ensure the mental and physical safety of workers in accordance with Article 4 of the Serious Accident Punishment Act.”
 
The workplace bullying incident against Mr. Oh became known when a suicide note written by Mr. Oh was made public through a media outlet on the 27th of last month. Afterwards, suspicions spread further as Mr. Oh's bereaved family announced in an interview with a media outlet that they would disclose a recording of a phone call in which the deceased met with company officials and complained about harassment in the workplace.
 
Afterwards, suspicions were further aroused when the bereaved family revealed, “There is a voice recording of Oyoanna complaining to four MBC officials about the damage she suffered.”
 
In investigating 'workplace bullying' cases, the key is to listen to the stories of the parties involved, that is, the person who reported the damage and the person identified as the harasser.
 
However, in this case, since the person designated as the victim has died, securing statements from witnesses or other evidence appears to be key.
 
The Labor Standards Act defines 'workplace bullying' as an act by an employer or worker that uses superiority in position or relationship at work to cause physical or mental pain to other workers or worsen the working environment beyond the scope of work.
 
If MBC concludes that workplace harassment does not occur because the parties involved in this case are freelancers, the Labor Office is expected to directly investigate this issue.
 
In relation to this case, lawyer Choi Hyeon-deok of Daeryun Law Firm told Segye Ilbo on the 6th, “The key in this case is whether Ms. Oyoanna can be considered a regular worker.”
 
Attorney Choi said, “Freelance is usually viewed as a subcontract,” and added, “I think even freelancers can be judged on employment by considering their work type.”
 
For example, it is necessary to comprehensively determine whether MBC's internal employment rules apply, and adopt a work pattern similar to that of a full-time employee, such as going to work at a set time and working according to work instructions.
 
He mentioned, “If Yohanna O is recognized as a worker, those involved can be punished.”
 
“Also, there is no standard for punishment under the Labor Standards Act, but if the perpetrator is identified, they can be sued,” he said. “For example, if it can be proven whether there was insult or assault, etc., it is a criminal offense.”
 
In addition, he advised, “Separately from this, we must also determine whether it constitutes an illegal act under civil law.”
 
Meanwhile, the police's internal investigation into this incident and the Labor Office's investigation into the 'workplace harassment' complaint against MBC all began with complaints from third parties, ordinary citizens.
 
Regarding MBC's position that it would listen to the voices of the bereaved family during the fact-finding process, the bereaved family expressed their negative attitude towards cooperation, saying, "We will only become a sidekick in the investigation that grants impunity."
 
He appealed, “We want to improve the system of how broadcasters consume non-regular workers through truth, apology, and creating social public opinion.”

Reporter Lee Dong-jun (blondie@segye.com)

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Speed of investigation into ‘the late Oyo Anna’s suspicions of workplace harassment’… Expert: “Illegal acts must also be judged under civil law” (Shortcut)