Workplace sexual molestation by abuse of authority: is it subject to punishment even if the victim does not refuse?

For workplace sexual molestation, it must be considered that, due to the hierarchical relationship within the workplace, the victim may be unable to actively express refusal of the conduct of a superior who is the perpetrator of the sexual violence.

In such a situation, it is often difficult, both psychologically and socially, for the victim to refuse the superior's conduct.

In sexual crimes that arise in a hierarchical relationship at work, the victim often cannot properly express their intention due to anxiety about their position or work in the workplace.

Such conduct is an abuse of power within the workplace and may be punished under the Act on Special Cases concerning the Punishment of Sexual Crimes.

Even without using violence or intimidation, when a person molests another by means of occupational authority, they become subject to criminal punishment.

According to Article 10 of the Act on Special Cases concerning the Punishment of Sexual Crimes, where a person molests, by abuse of authority, someone who is under their protection or supervision by reason of a work or employment relationship, they are subject to imprisonment for not more than three years or a fine not exceeding 15 million won.

Therefore, if you are implicated in a workplace sexual molestation or an indecent act by compulsion case, it is advisable to promptly seek advice from an attorney specializing in this area to find a solution.