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Deals & Cases

Workplace Indecent Act by Compulsion and Related Offenses

[Workplace Violence Complaint Representation] Assisting a Client Subjected to Indecent Acts and Assault by a Senior Colleague to Secure a Custodial Prison Sentence

This is the case of a client who came to our firm, Daeryun LLC, regarding a matter of workplace violence. The client was subjected to sexual molestation, assault, and other conduct by a senior colleague at work, and, unable to endure a situation that required continuing to work alongside the perpetrator, the client decided to proceed with a criminal complaint.

CONTENTS
  • 1. Visiting Daeryun Over a Workplace Violence Case
    • - A Client Who Suffered Workplace Violence, Including Sexual Molestation and Assault
    • - Workplace Violence: A Situation Requiring the Client to Work Alongside the Perpetrator Even After the Incident
    • - Workplace Violence: What Is the Level of Punishment?
  • 2. Workplace Violence: A Perpetrator Who Committed Multiple Offenses Should Receive a Heavy Sentence
  • 3. The Court, Acknowledging the Workplace Violence, Sentences the Defendant to One Year of Imprisonment for the Indecent Act and Two Months of Imprisonment for the Assault

1. Visiting Daeryun Over a Workplace Violence Case

The client, who visited Daeryun regarding a workplace violence case, stated that the client had been subjected to sexual molestation and assault by a senior colleague at work.

The decisive reason the client came to proceed with a criminal complaint over the workplace violence was that the client had not received a proper apology from the perpetrator.

Daeryun decided to review the client's case closely.

A Client Who Suffered Workplace Violence, Including Sexual Molestation and Assault

Daeryun conducted a detailed consultation regarding the case of the client who had suffered workplace violence, including sexual molestation and assault.

While working on the same team as the perpetrator, the client was subjected to sexual molestation by the perpetrator on several occasions.

The client clearly expressed refusal, but the perpetrator's workplace violence continued over a long period.

It was found that the perpetrator had engaged in similar conduct toward colleagues other than the client as well, dismissing it as a joke.

The perpetrator had even continued to commit such offenses while on a suspended sentence for a sexual offense of the same kind.

In the end, although the perpetrator received a disciplinary action at work for the sexual molestation, assault, and the like, the perpetrator did not properly apologize to the client.

Hoping that severe punishment would be imposed on the perpetrator, the client entrusted Daeryun with representation in the criminal complaint.

Workplace Violence: A Situation Requiring the Client to Work Alongside the Perpetrator Even After the Incident

The client had to spend a painful period of time as a result of the workplace violence. Although the client was separated from the perpetrator, the client could not avoid encountering the perpetrator at work.

For this reason, the client was even considering resigning. The client wished for the case to be resolved as soon as possible, and Daeryun promised to provide assistance so that the case could be concluded promptly.

Workplace Violence: What Is the Level of Punishment?

Let us review the level of punishment for workplace violence (indecent act by compulsion and assault).

Criminal Act
Article 260 (Assault, Assault Against a Lineal Ascendant) (1) A person who commits assault against the body of another shall be punished by imprisonment for not more than two years, a fine not exceeding five million won, detention, or a minor fine.
(2) A person who commits an offense under paragraph (1) against a lineal ascendant of the person or of the person's spouse shall be punished by imprisonment for not more than five years or a fine not exceeding seven million won.
(3) An offense under paragraphs (1) and (2) may not be prosecuted against the clearly expressed will of the victim.

Article 264 (Habitual Offenders) Where a person habitually commits an offense under Article 257, 258, 258-2, 260, or 261, the penalty prescribed for that offense shall be increased by up to one half.

Article 298 (Indecent Act by Compulsion) A person who commits an indecent act against another through assault or intimidation shall be punished by imprisonment for not more than ten years or a fine not exceeding 15 million won.

Article 305-2 (Habitual Offenders) A person who habitually commits an offense under Article 297, 297-2, Articles 298 through 300, Article 302, 303, or 305 shall have the penalty prescribed for that offense increased by up to one half.

2. Workplace Violence: A Perpetrator Who Committed Multiple Offenses Should Receive a Heavy Sentence

Through a thorough consultation with the client, Daeryun Law Firm formed a team of attorneys made up of several specialists with extensive experience in workplace violence cases.

Daeryun's team of attorneys submitted to the court all materials that could prove the defendant's offenses.

The team of attorneys also emphasized that the victim was suffering because of the defendant and argued that the most severe punishment possible should be imposed.

■ It was confirmed that the defendant, after committing the sexual molestation, assault, and the like, did not properly apologize to the victim even after receiving a disciplinary action.

■ Because of the defendant's offenses, the victim was suffering to the point that working life had become difficult.

■ Had the defendant offered a sincere apology, the client would not have proceeded with the criminal complaint.

■ The substance of the defendant's offenses could be proven through various materials, including the company's disciplinary records.

3. The Court, Acknowledging the Workplace Violence, Sentences the Defendant to One Year of Imprisonment for the Indecent Act and Two Months of Imprisonment for the Assault

Accepting the arguments of the Daeryun Law Firm attorney, the court rendered a judgment in this workplace violence case stating, ‘The defendant is sentenced to one year of imprisonment for the offense in paragraph 1 of the judgment (indecent act by compulsion) and to two months of imprisonment for the offense in paragraph 2 of the judgment (assault).’

Thanks to Daeryun's assistance, the perpetrator's offenses were proven, and imprisonment was secured for both charges.

For a victim of a sexual offense, proceeding with civil and criminal measures with the assistance of a specialist is generally the best way to obtain the desired result.

Daeryun operates a sexual offense response group and provides its best assistance to help crime victims restore their daily lives.

To obtain the result a client seeks, a team of attorneys consisting of 3 to 20 members, depending on the matter, develops a litigation strategy solely for that client, so if you need help, you may begin with a consultation at Daeryun at any time.

[직장내폭력 고소대리] 선임으로부터 추행 및 폭행 당한 의뢰인 조력해 징역 실형 받아내

This content is based on actual case studies of Daeryun Law LLC with some adaptations, and the copyright belongs to our firm.
Unauthorized reproduction, duplication, or distribution and other copyright infringements may result in legal action under applicable laws.

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