CONTENTS
- 1. The Client Who Received a Chuncheon Attorney Referral
- 2. Assistance for the Client Who Received a Chuncheon Attorney Referral
- - Chuncheon Attorney Referral Strategy: Arguing That Neither Force nor Deceptive Scheme Was Used
- 3. Client Who Received a Chuncheon Attorney Referral Concludes the Case with a Suspension of Indictment
1. The Client Who Received a Chuncheon Attorney Referral
The client who received a Chuncheon attorney referral was in a situation in which a female employee of the company had filed a complaint against him for an indecent act by abuse of authority.
The client and the female employee had worked together for a long time and were on very close terms.
Because they normally got along well, there was a good deal of light physical contact, and they would casually engage in physical contact such as putting an arm around each other's shoulders without any reservation.
At one point, the female employee's boyfriend misunderstood the physical contact, and the client, thinking that the boyfriend might feel somewhat upset, sent a text message apologizing.
The female employee's boyfriend claimed that this was evidence that the client had committed an indecent act, and he urged the female employee to file a complaint.
The client emphasized that there had long been light physical contact, that the female employee had not been upset, and that there had been no coercion.
The attorney set out to provide assistance to the client who had received a Chuncheon attorney referral.
Indecent Act by Abuse of Authority, as Explained by the Chuncheon Attorney
The offense of indecent act by abuse of authority is committed when a person commits an indecent act, by deceptive scheme or by force, against a person who is under his protection or supervision by reason of work, employment, or another relationship.
In a relationship of work, employment, or the like, it is not easy to refuse when a superior gives an instruction.
This statute was enacted to punish cases in which a superior uses his position to commit an indecent act.
What distinguishes an indecent act by abuse of authority from the 🔗crime of indecent act by compulsion is that no assault or intimidation is used.
An indecent act by compulsion is an offense committed when an indecent act is carried out using assault and intimidation, whereas an indecent act by abuse of authority is committed when the indecent act is carried out by force and deceptive scheme, which are of a lower degree than assault and intimidation.
For an indecent act by abuse of authority to be committed, the following requirements must be met: ▲the person is one under one's protection or supervision by reason of work, employment, or another relationship; ▲force and deceptive scheme were exercised; and ▲an indecent act was committed.
Here, a deceptive scheme is conduct that causes the other party to be mistaken, deceived, or unaware, and force means any influence sufficient to overpower or confuse a person's free will.
For example, if a perpetrator, when the victim refused sexual contact, lied about getting married so as to make the victim believe they were a couple about to marry, and committed an indecent act, this amounts to an indecent act using a deceptive scheme.
In the case of force, this applies where a company representative committed an indecent act by speaking as if he would inflict a disadvantage in personnel matters.
The Supreme Court has held that an act in which a workplace supervisor rubbed the back of a female subordinate's hand for about 10 seconds also constitutes an indecent act by abuse of authority.
If this offense is found, the person may be punished by imprisonment with labor for not more than three years or by a fine not exceeding 15 million won under the Act on Special Cases concerning the Punishment of Sexual Crimes.
2. Assistance for the Client Who Received a Chuncheon Attorney Referral
The attorney set out to provide assistance to defend the client who had received a Chuncheon attorney referral against punishment.
Chuncheon Attorney Referral Strategy: Arguing That Neither Force nor Deceptive Scheme Was Used
The client who received a Chuncheon attorney referral emphasized that he had used neither force nor a deceptive scheme.
The Chuncheon attorney argued that, had it been an indecent act using force and a deceptive scheme, the victim would not have continued to engage in conversation and physical contact with the client after the incident.
The Chuncheon attorney submitted, as video evidence, office CCTV footage showing them naturally conversing and engaging in physical contact even after the day of the incident.
3. Client Who Received a Chuncheon Attorney Referral Concludes the Case with a Suspension of Indictment
The client who received a Chuncheon attorney referral succeeded in concluding the case with a suspension of indictment.
The client who received a Chuncheon attorney referral explained, “I was very worried about receiving a heavy punishment. Thanks to the Chuncheon attorney, I was able to bring the case to a close.”
With an indecent act by compulsion by abuse of authority, it is often difficult to determine whether the offense is established. This is because, with no outward assault or intimidation and no refusal by the victim, one may think that there was consent.
For this reason, receiving an attorney referral to understand the facts, to check whether there are legally problematic points, and to devise a response can be helpful.
At Daeryun Law Firm, attorneys handle matters from the consultation stage onward, providing a prompt and thorough response to cases.
If you are seeking an 🔗attorney referral in a situation like the one above within Chuncheon, you are welcome to come to the Daeryun Law Firm 🔗Chuncheon attorney office.
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.
