Sexual Harassment

1. National Human Rights Commission of Korea Act

-Conduct in which an employee of a public institution, an employer, or a worker, in the course of work, employment, or other relationships, uses his or her position or acts in connection with work to cause sexual humiliation or aversion through sexual words or behavior, or imposes a disadvantage in employment on the ground of refusal to comply with sexual words, behavior, or other demands

2. Act on Equal Employment and Support for Work-Family Balance

-Conduct in which an employer, a superior, or a worker uses a position within the workplace or acts in connection with work to cause another worker sexual humiliation or aversion through sexual words or behavior, or imposes a disadvantage in working conditions and employment on the ground that the worker did not comply with such demands

3. Framework Act on Gender Equality

-Conduct that uses a position or acts in connection with work to cause the other party sexual humiliation or aversion through sexual words or behavior
-Conduct that imposes a disadvantage on the ground that the other party did not comply with sexual words, behavior, or demands, or that offers a benefit on the condition of compliance

In this way, our laws commonly define sexual harassment as “causing humiliation and imposing a disadvantage through sexual words or behavior connected to a position or work,” and they are structured mainly on the premise of an employment relationship or a relationship within the workplace.

The following examines the legal standards that apply to sexual harassment.

▶ The Meaning of "Sexual Words or Actions"

The Supreme Court explains that sexual words or actions mean "physical, verbal, or visual acts related to the physical relationship between men and women or to physical characteristics, which may cause sexual humiliation or disgust to an average person."

Mere demeaning remarks toward women or patriarchal expressions do not constitute sexual harassment; the words or actions must carry sexual meaning.

▶ The Meaning of "By Using One's Position or in Connection with Work"

This phrase extends beyond the mere exercise of authority within the workplace to include the use of opportunities arising during the performance of work, abuse of authority, and sexual words or actions outside working hours and locations.

For example, sexual words or actions occurring at a work-related gathering or an external event may also be regarded as sexual harassment if a connection to work is recognized.

Sexual harassment is generally classified as conduct that is not subject to criminal punishment, but if the level of the conduct amounts to a forcible indecent act or to obscenity via telecommunication media, criminal punishment may be possible.

The differences are as follows.

Sexual harassment is established according to clear legal definitions and criteria, and the connection to work, the presence of sexual words or behavior, the victim's perception, and objective criteria are all considered together.

In practice, the determination is made by comprehensively reviewing the facts and evidence of each individual case, the victim's reaction, the perpetrator's intent, and the context of the conduct.

Workplace sexual harassment refers to conduct in which an employer, a superior, or a worker, in connection with their position or duties at work, directs sexual words or actions (sexual conduct) at another worker so as to cause sexual humiliation or revulsion, or imposes a disadvantage on working conditions on the ground that the worker did not comply with such a demand.

▶Legal standard of judgment

-The victim's subjective position together with a reasonable judgment based on social norms is considered comprehensively
-Whether the actor had sexual intent is not important
-Whether a threatening or hostile employment environment was created is the key standard of judgment

▶Acts of sexual harassment: verbal, physical, and visual conduct, and any sexual expression that is offensive under social norms

▶Places outside of work: company dinners, business trips, and the like are included if they have a connection to work

Sexual harassment in public places refers to conduct that causes shame or discomfort to another person through sexual words or actions in places where the public is crowded, such as subways, buses, performance venues, and assembly venues.

1. Be careful with initial statements

Even if you deny the victim's statement, refrain from reacting emotionally and organize the facts at the center of your response.

Before submitting an initial written statement to the company or an investigative agency, it is important to verify the specific facts and secure evidence.

2. Respond actively to the in-house investigation

Cooperate sincerely with the investigation by the company's sexual harassment grievance committee or human resources team, while also securing recordings and documentary evidence

Organize counseling logs, conversation records, and similar materials to prevent any reversal of statements

3. Confirm whether a criminal complaint has been filed

Confirm whether the matter is a simple complaint or a criminal complaint is in progress, and ascertain the scope of the investigative agency's investigation

4. Avoid unnecessary contact

Contact with the victim may later be interpreted as “retaliatory secondary harm,” so as a rule it should be avoided.

Victims often hesitate to respond immediately after experiencing sexual harassment because of the emotional shock.

However, given the gravity of the matter and the urgency of securing evidence, a prompt response is necessary.

1. Securing evidence

- Collect all available materials, such as social media posts, text messages, emails, recordings, and CCTV footage.

- Evidence is not a mere emotional appeal but an important means of objectively proving the fact of sexual harassment.

2. Using internal procedures

- Use the company's grievance-handling system.

- Request a consultation with a staff member who has completed sexual harassment prevention training or with a women's grievance counselor.

3. Reporting to external agencies

- File a complaint with the Ministry of Employment and Labor or a report with the National Human Rights Commission.

- For schools and public institutions, use resources such as the gender equality center and the audit office.

4. Treatment for psychological harm

- Concurrent psychiatric counseling and psychological treatment may later serve as favorable material in a claim for damages.

-Establishing the context of the incident: whether the act was carried out in light of a personal relationship, a culture of joking, the atmosphere of the organization, and similar factors

-Emphasizing the absence of intent: demonstrating that the expression was work-related or part of ordinary conversation rather than sexual in intent

-Cooperation to prevent secondary harm: emphasizing the suspect's cooperative attitude and signs of remorse → considered as a sentencing factor

-Responding to defamation: pursuing civil and criminal measures in parallel where the victim has made false statements

-Securing objective evidence: organizing and selecting evidence such as messages and recordings rather than relying on mere statements

-Emphasizing persistence and severity: demonstrating that the conduct was repeated sexual harassment rather than a one-time incident

-Justifying recovery efforts: emphasizing the victim's efforts to maintain employment or continue education

-Pursuing a claim for damages in parallel: a strategy of also seeking civil consolation money for psychological harm

Sexual harassment is a sensitive area in which even a single careless word or action can cause serious psychological harm to another person, and conversely, careless words or conduct can lead to criminal and social sanctions.

The standards for legal assessment have been growing stricter, and statutes for protecting victims and preventing recurrence have also been strengthened.

Accordingly, the importance of an early response is significant, and prompt legal assessment along with organized, objective records may be needed.

Our firm has resident attorneys experienced in sex crimes and in criminal, civil, and administrative matters, so it can provide an integrated response to the various legal disputes that may arise from a single case.

The firm also operates branch offices in various regions, allowing for prompt consultation, and it has set up a video consultation system, which you may keep in mind when scheduling a consultation.