“I was with a woman on vacation…” The reason why the boss who sexually insulted his successor was ‘not guilty’

Petitioner: “I felt humiliated by repeated sexual harassment.”
Prosecutors “No one can hear what you say in the same space”

A non-commissioned officer who was sent on charges of making sexual harassment and insulting remarks to his successor was cleared of the charges by the prosecution.

Last March, the Army Prosecutor's Office decided not to indict Mr. A, a man in his 30s, on suspicion of insult.

Mr. A was accused of sexually insulting his successor, Mr. B, in his unit's office in June of last year. He is known to have made sexual jokes while referring to Mr. B's private life on five occasions.

Mr. A denied the charges. He emphasized that he only made this joke individually through messenger and did not make a separate statement in public.

The prosecution believed that Mr. A was not guilty. The main basis was that other colleagues who lived together stated that they did not hear Mr. A's remarks.

The prosecution explained, “Mr. B’s claims have not been proven beyond a reasonable doubt,” and “even if the nature of performance is recognized, considering the level and context of the above remarks, it is difficult to say that they amount to insulting remarks that degrade his personal value.”

Attorney Seo In-ho of Daeryun Law Firm, who served as Mr. A's legal representative, said, "The principle is that recognition of insults must be judged in light of the overall circumstances, such as the relationship between the parties and the circumstances of the remarks."
 

Digital Content Team

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“With a woman on vacation…” The reason why the boss who sexually insulted his successor was ‘not guilty’ (link)