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Legal Intellectual

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Q

Is sexual harassment no-charge ruling possible

Legal IntellectualViews5,923

Our company has many R&D personnel, so employees create various technical idea inventions during development. I've heard a lot recently about needing to improve the employee invention compensation system and want to review internal regulations, but I have many concerns because it's not well organized: how to receive employee invention reports, what procedure the company uses to decide succession, and what criteria for paying compensation. It needs to be fair to employees, and from the company's perspective, we need to stably secure patents and trade secrets. Could you explain how actual companies use and operate the employee invention system?

sexual harassment no charges

sexual harassment

indecent act by force

A

Answer to Related Inquiry

Hello. I will answer regarding the possibility of sexual harassment no-charge ruling.

The situation you asked about may fall under indecent act by force charges under Article 298 of the Criminal Act.


In sexual harassment cases, the key judgment factor is whether physical contact was made against the other party's will, causing displeasure, disgust, or sexual humiliation.


Also, sexual harassment in spaces such as the subway is subject to the crime of indecent act in crowded places specified in Article 11 of the Sexual Violence Punishment Act, and can result in imprisonment for up to 3 years or a fine of up to 30 million won.


Compared to indecent act by force under criminal law, the requirements for establishment are simpler, and if the fact of committing an indecent act in a specific place such as the subway is confirmed, it can lead to punishment.


Therefore, to obtain a sexual harassment no-charge ruling, the assistance of a specialized attorney appears essential.


You must examine the situation at the time of the incident (congestion, movement route, etc.) in detail with a specialized attorney and respond by securing on-site CCTV, witness statements, etc.


In particular, response strategies that properly prove your innocence at the early stages of investigation are very important.


Initial statement mistakes can rather act as unfavorable evidence, so please prepare statement writing and investigation responses with the help of a sexual crime specialist attorney.

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