CONTENTS
- 1. The Client Who Requested Assistance in Reporting Workplace Sexual Harassment
- - An Attorney Experienced in Sexual Harassment Cases Reviews the Circumstances of the Client's Case
- - Workplace Sexual Harassment: What Are the Standards and the Level of Punishment?
- 2. Representation in a Petition to Restore the Harm Suffered by a Victim Reporting Workplace Sexual Harassment
- - An Attorney Experienced in Sexual Offense Cases Collects Evidence of the Workplace Sexual Harassment
- - An Attorney Experienced in Sexual Offense Cases Argues That the Sexual Harassment Was Not Incidental
- 3. Assisting a Victim Reporting Workplace Sexual Harassment, Successfully Obtaining the Imposition of an Administrative Fine on the Employer
1. The Client Who Requested Assistance in Reporting Workplace Sexual Harassment
This is the account of a client who requested assistance in reporting workplace sexual harassment.
The client had been greatly distressed by workplace sexual harassment from a workplace superior.
This was because the client had reported the sexual harassment to the workplace, but the company did not take appropriate measures.
In the end, the client decided to seek the firm's help and requested assistance from Daeryun Law Firm, which has extensive experience in sexual harassment matters.
An Attorney Experienced in Sexual Harassment Cases Reviews the Circumstances of the Client's Case
The client, who works at a public institution A, began hearing 🔗sexual harassment remarks from her immediate superior from the early days of her employment.
After learning that the client had a boyfriend, the immediate superior made countless sexual remarks wholly unrelated to work, such as “Why are you tired? Is your boyfriend being too rough with you?” and “I'm afraid you'll get pregnant. Use protection.”
The client reported the immediate superior's sexual harassment to the employer, but received a determination that it did not amount to sexual harassment in the workplace.
In the end, the client decided to seek the help of an attorney and came to Daeryun Law Firm's attorney experienced in sexual harassment cases.
Workplace Sexual Harassment: What Are the Standards and the Level of Punishment?
Workplace sexual harassment refers to an employer, a superior, or a worker using a position within the workplace or acting in connection with work to engage in sexual conduct toward another worker.
The standards for assessment are as follows.
1. Use of a Position Within the Workplace or Connection with Work:
It may be regarded as sexual harassment in the workplace when an employer, a superior, or a worker uses a position within the workplace or where there is a connection with work.
It amounts to sexual harassment in the workplace not only when it occurs inside the workplace during working hours, but also during a business trip or at a company dinner that is connected with work.
2. Conduct the Victim Does Not Want:
For sexual harassment in the workplace to be committed, the conduct must be conduct that the victim does not want.
Even where the victim refuses passively or implicitly, this is regarded as an expression that the conduct is not wanted by the victim.
3. Harm Caused by the Sexual Harassment:
Harm must arise, such as the victim feeling sexual humiliation or aversion as a result of the sexual harassment, or the victim's working conditions and employment being made unfavorable on the ground of refusal to comply with a sexual demand.
2. Representation in a Petition to Restore the Harm Suffered by a Victim Reporting Workplace Sexual Harassment
The firm set out to assist in restoring the harm suffered by the client reporting workplace sexual harassment.
Daeryun Law Firm formed a task force of attorneys experienced in sexual harassment cases and submitted a petition to the labor office concerning the employer's failure to perform its duty to take measures.
An Attorney Experienced in Sexual Offense Cases Collects Evidence of the Workplace Sexual Harassment
The attorney experienced in sexual offense cases collected evidence such as the contents of calls containing the perpetrator's sexual harassment remarks.
The attorney organized the perpetrator's sexual harassment remarks, prepared an opinion stating that they amounted to sexual harassment as a matter of law, and filed a petition with the labor office.
An Attorney Experienced in Sexual Offense Cases Argues That the Sexual Harassment Was Not Incidental
The attorney experienced in sexual offense cases argued that the perpetrator's sexual harassment was not incidental but was carried out continuously.
The attorney pointed out that, nevertheless, the internal disciplinary committee viewed the perpetrator's sexual harassment as an incidental, one-time remark and did not take appropriate measures.
Where an employer who is in a position to prevent sexual harassment in the workplace, or a person in a position to act on behalf of the employer, instead uses a superior position to commit sexual harassment, the victim is likely to endure the sexual harassment out of fear of the employment disadvantages that would be inflicted if the victim refused it or reported it externally; considering this, their sexual harassment must be treated even more strictly.
3. Assisting a Victim Reporting Workplace Sexual Harassment, Successfully Obtaining the Imposition of an Administrative Fine on the Employer
As a result of assisting the client reporting workplace sexual harassment and filing a petition with the labor office, the imposition of an administrative fine was successfully obtained.
The labor office recognized the argument of the client reporting workplace sexual harassment that the employer had not carried out appropriate disciplinary measures for the sexual harassment in the workplace.
Because the internal disciplinary committee had not recognized it as sexual harassment, collecting evidence capable of proving the sexual harassment was the most important aspect of this case.
Workplace sexual harassment cases are not simply a matter between individuals; they involve complex factors such as corporate culture, organizational structure, and power relations.
In particular, a variety of legal issues may arise, such as the employer's responsibility, the lawfulness of the disciplinary procedure, and the remedy for the harm, so responding with the help of an attorney can be helpful.
At Daeryun Law Firm, attorneys who have handled many workplace sexual harassment cases work together with in-house labor attorneys to present tailored strategies for protecting the rights and interests of worker clients.
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.
