CONTENTS
- 1. The Client Who Came Regarding a Workplace Sexual Harassment Case
- - The Client Involved in Sexual Harassment Allegations
- 2. A Closer Look at the Laws on Workplace Sexual Harassment
- - Criteria for Determination
- - Level of Disciplinary Action
- 3. Matters of Assistance in the Workplace Sexual Harassment Case
- - Argument ① Acknowledgment of and Remorse for the Misconduct
- - Argument ② Efforts Toward Recovery for the Victim
- - Argument ③ His Usual Work Attitude
- 4. Result of the Workplace Sexual Harassment Assistance: Three-Month Suspension From Duty
- - If You Are Involved in a Sexual Harassment Case
1. The Client Who Came Regarding a Workplace Sexual Harassment Case
The client who came regarding a workplace sexual harassment case was involved in a workplace sexual offense matter, and consulted Daeryun to request the assistance of an attorney who has handled many indecent conduct and sexual harassment cases.
The Client Involved in Sexual Harassment Allegations
The detailed account of the client involved in workplace sexual harassment allegations is as follows.
The client is a teacher working at a school, and attended a staff dinner to build camaraderie with other teachers.
As the gathering ran long, the client drank beyond his usual capacity, and while intoxicated he put his arm around the waist and touched the thigh of a fellow teacher, A, who was seated next to him.
He also made remarks constituting sexual harassment of A in a public setting, leaving the client facing a serious disciplinary action.
The client, involved in a 🔗Workplace Sexual Harassment case, believed there was a strong likelihood of suffering disadvantages at work and sought to respond promptly at an early stage.
In order to entrust the case to an attorney and avoid dismissal, the client consulted Daeryun and requested assistance.
2. A Closer Look at the Laws on Workplace Sexual Harassment
The client was involved in a workplace sexual harassment case and faced a serious disciplinary action.
Workplace sexual harassment refers to conduct that uses one's position within the workplace to make sexual remarks or sexual demands toward another worker, causing sexual humiliation or aversion.
The criteria for determination, the level of disciplinary action, and related matters will be examined in detail.
Criteria for Determination
Workplace sexual harassment must be assessed with full consideration of the particular circumstances in which the victim is placed.
The criteria for determination are as shown in the table below.
Physical Conduct | - Deliberately bumping into another's body - Touching a specific body part with the hand |
Verbal Conduct | - Obscene jokes (including over the phone) - Comments on appearance, sexual analogies, references to body parts - Seating someone next to oneself at a staff dinner |
Visual Conduct | - Showing obscene photographs and the like - Deliberately exposing or touching a specific part of one's own body |
Other Sexual Harassment Conduct | - Any other language or behavior that, by generally accepted social standards, causes sexual humiliation or aversion |
Level of Disciplinary Action
A person who has committed a sexual offense under the Criminal Act is subject to criminal punishment and may, at the same time, receive a disciplinary action under the public officials statutes.
Disciplinary actions include removal, dismissal, demotion, suspension from duty, salary reduction, and reprimand, and are determined by considering the severity of the workplace sexual harassment misconduct, whether it was repeated, the extent of the harm, and similar factors.
The laws related to the case are as follows.
Indecent Act by Compulsion (Article 298 of the Criminal Act)
A person who commits an indecent act upon another through violence or intimidation shall be punished by imprisonment for not more than ten years or by a fine not exceeding fifteen million won.
Indecent Act by Abuse of Authority (Article 10 of the Act on Special Cases concerning the Punishment of Sexual Crimes)
A person who commits an indecent act, by deceptive means or by force, upon a person under his protection or supervision by reason of work, employment, or any other relationship shall be punished by imprisonment for not more than three years or by a fine not exceeding fifteen million won
※ Authority arising from work: the exercise of deceptive means or force, in the context of work, employment, social relationships, and the like, against a person under one's protection or supervision
3. Matters of Assistance in the Workplace Sexual Harassment Case
The attorney at Daeryun established a thorough strategy to avoid dismissal in the workplace sexual harassment case, and made the following arguments.
Argument ① Acknowledgment of and Remorse for the Misconduct
The client acknowledged all of the misconduct and is deeply remorseful.
Having entered a blackout state due to excessive drinking, the client failed to control his momentary impulses and thus came to commit the offense in question.
It was emphasized that the client, holding feelings of apology toward the victim, is spending his time in atonement.
Argument ② Efforts Toward Recovery for the Victim
The client deeply repented of this incident and, on his own initiative, completed education on sexual violence prevention and gender sensitivity.
He wrote a letter of apology for having failed to maintain the dignity of a public official and for causing controversy through unexemplary conduct.
It was emphasized that he contacted the victim about four times to convey a sincere apology for his wrongdoing and is making every effort to repair the harm.
Argument ③ His Usual Work Attitude
The client has maintained amicable relationships with fellow staff, parents, and students and has performed his duties diligently.
It was emphasized that, because the client accurately recognizes his wrongdoing, shows remorse, and is making efforts on his own to improve, the likelihood of reoffending is low.
4. Result of the Workplace Sexual Harassment Assistance: Three-Month Suspension From Duty
As a result of proceeding with the case together with the attorney, the client charged with workplace sexual harassment was able to conclude the matter with a three-month suspension from duty.
The client, who had wished above all to avoid dismissal, expressed deep gratitude to Daeryun for all of the hard work.
If You Are Involved in a Sexual Harassment Case
If you are involved in a workplace sexual harassment case, it can be helpful to seek assistance from an attorney at the early stage of the case in order to reduce the sentence as much as possible.
It is advantageous to respond systematically to a complex case and steer an unfavorable situation in a favorable direction.
At Daeryun Law Firm, a 🔗sexual offense attorney with experience handling various sexual offense cases presents multifaceted solutions and actively assists clients.
If you are involved in a workplace sexual harassment case like the one above and need the assistance of an attorney, please entrust your case through a 🔗legal consultation booking.
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.
