Attorney specializing in sex crimes, what are the criteria for determining sexual harassment?

Hello. This is an attorney specializing in sex crimes at Daeryun Law LLC.

First, you may be curious whether it constitutes sexual harassment when a supervisor repeatedly looks at specific body parts, as in the situation you described.

Sexual harassment refers to conduct that causes the other person to feel sexual humiliation or shame through unwanted sexual words or actions.

Unlike a mere expression of friendliness or interest, the problem arises when sexual words or conduct that the victim finds offensive appear persistently.

In determining whether sexual harassment has occurred, not only the victim's subjective experience but also generally accepted social notions must be considered together.

In other words, it must be comprehensively examined whether a reasonable person in the victim's position would have felt sexual humiliation or disgust as a result of the conduct, and whether it had a negative effect on the work environment.

Therefore, if repeated and unwanted gazing or physical staring causes discomfort and humiliation in the work environment, it is highly likely to constitute sexual harassment.

It is important to record the situation and, if necessary, to request a consultation with the department responsible for human rights, or to receive guidance on legal measures and responses through a consultation with an attorney specializing in sex crimes.

For your specific situation, you may wish to confirm it through a consultation with an attorney specializing in sex crimes.