CONTENTS
- 1. A Client Who Needed Help After Being Subject to a Complaint for Sexual Molestation
- 2. The Criminal Defense Lawyer's Main Assistance in Clearing the Sexual Molestation Allegation
- - Organizing the Content of the Conversation Immediately After the Incident
- - Analysis of the Background of the Conflict Within the Workplace
- - Asserting the Mental Suffering Caused by the Complaint
- 3. The Result of the Sexual Molestation Allegation, a Non-Referral Decision
- 4. The Elements of Sexual Molestation and the Level of Punishment
- - Frequently Asked Q&A
1. A Client Who Needed Help After Being Subject to a Complaint for Sexual Molestation
The client who came to be suspected of sexual molestation had, on the day of the incident, a conversation at a cafe with a colleague who worked at the same workplace.
The colleague then suddenly raised the matter with the company, asserting that the client had put an arm around the colleague's shoulders, wrapped an arm around the colleague's waist, and stroked the colleague's neck.
The client protested the injustice, stating that the client had never engaged in the physical contact the victim described, and the client's allegation was not recognized in the company's internal procedure either.
The victim, however, subsequently proceeded to file a criminal complaint on the same content.
When the possibility of criminal punishment arose, the client came to a criminal defense lawyer in order to organize the situation at the time of the incident, the content of the subsequent conversations, and the circumstances of the complaint, and to respond.
2. The Criminal Defense Lawyer's Main Assistance in Clearing the Sexual Molestation Allegation
In the sexual molestation case, the criminal defense lawyer organized the facts by examining together the complainant's statement, the conversations before and after the incident, and the circumstances of the report to the company.
Through this, the lawyer explained that it was difficult to recognize a sexual molestation allegation against the client on the basis of the complainant's assertion alone.
Organizing the Content of the Conversation Immediately After the Incident
Even immediately after claiming to have suffered an indecent act by compulsion, the complainant sent the client friendly messages to the effect of thanking the client for buying coffee and wishing the client a good weekend.
Accordingly, the criminal defense lawyer organized the KakaoTalk conversation at the time and explained that if there had been unwelcome physical contact as the complainant asserted, it would be difficult for the subsequent conversation to continue in a friendly manner.
The lawyer then pointed out that the complainant's statement and the conduct immediately after the incident did not match each other, and asserted that it was difficult to recognize the client's sexual molestation allegation on the basis of that statement alone.
Analysis of the Background of the Conflict Within the Workplace
After receiving a work-related reprimand from the client, the complainant's reputation within the company worsened, and the complainant began to take issue, as an indecent act by compulsion, with a past matter that had occurred at a cafe.
Accordingly, the criminal defense lawyer organized together the time and date when the work reprimand occurred and the time when the complaint was made.
On this basis, the lawyer pointed out that there was a possibility that this was a retaliatory assertion arising from a conflict within the workplace rather than a report of harm, and asserted that the counterpart's motive and background for the complaint should be examined together.
Asserting the Mental Suffering Caused by the Complaint
As a result of this complaint, the client was identified as a perpetrator of an indecent act by compulsion for something the client had not done, and experienced great difficulty at work and in daily life.
Accordingly, the criminal defense lawyer helped the client receive psychological counseling through a psychological counseling center that is a partner affiliated with this law firm, and organized and submitted the mental suffering confirmed in the course of the counseling in the form of a written opinion.
3. The Result of the Sexual Molestation Allegation, a Non-Referral Decision
In the sexual molestation case, the investigative authorities also reviewed the KakaoTalk content immediately after the incident, and the background of the conflict within the workplace.
As a result, they judged that it was difficult to recognize the allegation on the basis of the complainant's assertion alone, and ultimately the client was able to receive a non-referral decision.
4. The Elements of Sexual Molestation and the Level of Punishment
For sexual molestation, whether there was conduct amounting to assault or intimidation, whether there was physical contact against the counterpart's will, and whether that contact was conduct that could generally cause sexual humiliation or discomfort are reviewed together.
A suspect who is subject to a sexual molestation allegation should organize together the content of the conversations before and after the incident, the relationship between the two persons, the circumstances in which the report was made, and materials that can show the situation at the time.
In this client's case as well, by organizing together the KakaoTalk conversation immediately after the incident and the time when the conflict within the workplace arose, it was possible to explain that it was difficult to recognize the allegation on the basis of the complainant's assertion alone, and to obtain a non-referral.
Frequently Asked Q&A
Q. Can a sexual molestation allegation be punished on the basis of the victim's statement alone?
A. The victim's statement is important material, but whether the statement is specific, whether it matches the conduct before and after, and whether there are any parts that contradict other materials are reviewed together.
Q. In a sexual molestation case, is it better to reach a settlement first?
A. Proceeding with a settlement first without a plan can appear as if one is acknowledging the allegation. It is important to first confirm the facts and the evidence and then to decide the direction, whether to contest the allegation or to pursue a settlement in parallel.
An indecent act by compulsion case can lead not only to criminal punishment but also to a civil procedure such as a claim for damages.
Accordingly, Daeryun, the ninth-largest law firm in Korea (based on 2025 value-added tax filings with the National Tax Service), reviews the facts through collaboration between criminal and civil lawyers, and provides advice not only on responding to the complaint but also on the matter of civil damages.
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