CONTENTS
- 1. Jeju Attorney | Case Background
- - Summary of the Case Timeline
- - Summary of the Facts of Harm
- 2. Jeju Attorney | Case Review
- - Issues
- - Review of the Relevant Legal Principles
- 3. Jeju Attorney | Assistance Provided
- - Result of the Labor Commission Petition: The Dismissal Was Recognized as Unfair
- - There Was No Apology or Effort to Settle
- 4. Jeju Attorney | The Offender Received Imprisonment With Labor
1. Jeju Attorney | Case Background
The Jeju attorney's client was working as an employee at a research institute located within Jeju Island.
In addition, the perpetrator in this case was the client's workplace superior and was serving as an in-house director.
The perpetrator committed sexual harassment on several occasions during two company dinners, and the client, having suffered great psychological shock as a result, reported the matter to the company.
However, the company thoroughly excluded the client from work and engaged in retaliatory workplace harassment, and ultimately demanded a voluntary resignation and forcibly carried out a resignation by personnel order.
The client, who not only suffered repeated sexual harassment by the perpetrator but also faced wrongful dismissal, came to the Jeju attorney and requested legal response as well as a petition to the labor relations commission, a response to the personnel committee, and related measures.
Summary of the Case Timeline
Around February 2024, at a company dinner that the client was not attending, the perpetrator made sexually harassing remarks to male employees about the client's body ↓ The client overheard the remarks on her way back from the restroom but let it pass without taking any particular action ↓ Around May 2024, at a company dinner, the perpetrator called the client out separately ↓ He touched the client's waist and buttocks and asked her for a kiss on the cheek ↓ The client firmly refused, and employees who witnessed this separated the perpetrator ↓ While being separated, he loudly made remarks suggesting sexual relations toward the victim, harassing her sexually ↓ She reported the matter to the company, but it took no particular action, let alone separating her from the perpetrator ↓ Upon learning that she had reported him, the perpetrator deliberately excluded her from work and harassed the client ↓ The victim was eventually pressured to resign voluntarily and was unfairly dismissed ↓ Requested assistance from a Jeju attorney |
Summary of the Facts of Harm
The client suffered the following harm at the hands of the perpetrator.
▷ Forcible indecent act harm
▷ After the incident, secondary harm from verbal abuse and malicious rumors
However, the client's company did not separate the client from the perpetrator and left the situation unaddressed for two months.
As a result, after the incident the client had to encounter the perpetrator every lunch hour, became caught up in malicious rumors within the company, suffered secondary harm, and endured great psychological distress.
2. Jeju Attorney | Case Review
The Jeju attorney identified the issues in this case and reviewed the legal principles related to 🔗workplace sexual harassment.
The client wished to file a petition with the labor relations commission in connection with the demand for strict punishment of the perpetrator and the wrongful dismissal.
In response, the Jeju attorney sought to resolve the case by collaborating with Daeryun Law Firm's criminal law specialist attorneys and a labor consultant.
Issues
The Jeju attorney used the following methods to resolve the key issues in this case.
Issue | Method |
① Sexual harassment and indecent act by compulsion | ▷ Investigating statements and testimony of coworkers and submitting a petition ▷ Identifying evidence after reviewing the store CCTV at the time of the indecent act by compulsion ▷ Submitting a psychiatrist's medical opinion and a petition for strict punishment |
② Secondary harm | ▷ Gathering statement evidence concerning malicious rumors ▷ Revealing the fact that the perpetrator (the defendant), without any apology or effort to settle, made a surprise deposit of 20 million won the day before the sentencing date in an attempt to gloss over the case |
③ Unfair dismissal | ▷ Submitting as evidence the ruling in which the labor office complaint panel recognized the unfair dismissal ▷ Submitting as evidence the records of conversations with the employer (recommendation to resign voluntarily, etc.) |
Review of the Relevant Legal Principles
As in this case, if you have suffered harm from a sexual offense and need to 🔗report workplace sexual harassment, it may be necessary to examine which conduct constitutes sexual harassment and the applicable level of punishment.
Category | Description of Conduct |
Physical conduct | Hugging, back-hugging, and other physical contact, touching specific body parts, and forcing massages or caresses |
Verbal conduct | Obscene jokes, vulgar talk, sexual remarks about appearance, spreading sexual information, forcing sexual relations, and forcing someone to sit next to and pour drinks at company dinners |
Visual conduct | Posting or displaying obscene material (photographs, drawings, graffiti, publications), and intentionally exposing specific body parts |
Forcible indecent act | Imprisonment for up to 10 years or a fine of up to 15 million won |
Indecent act against a person under one's protection or supervision by reason of employment or other relationship | Imprisonment for up to 3 years or a fine of up to 15 million won |
In this case, the offender was the client's superior and was in an employment relationship with the client, so he could be subject to punishment as described above.
3. Jeju Attorney | Assistance Provided
The Jeju attorney collaborated with multiple criminal law specialist attorneys to develop a response strategy for resolving this case.
In addition, the attorney sought to prepare for and respond to the labor office grievance committee together with a labor attorney affiliated with Daeryun Law Firm.
Result of the Labor Commission Petition: The Dismissal Was Recognized as Unfair
The client reported the perpetrator for sexual molestation in the workplace, but instead her company access pass was suspended, she was barred from coming to work, and she was subjected to a disciplinary-style forced resignation.
To respond to this disadvantage, we worked jointly with a labor attorney to file an application for remedy against unfair dismissal, and the application was upheld.
The Labor Relations Commission ordered the company to pay the client an amount equivalent to the wages in lieu of reinstatement to the original position.
There Was No Apology or Effort to Settle
From the moment the incident occurred until the day the judgment was pronounced, the perpetrator did not apologize even once.
The perpetrator did not even make any effort toward a settlement, and on the day before sentencing filed a sudden criminal deposit of approximately 20 million won, intentionally seeking to obtain mitigation of the sentence.
It was argued that these facts instead caused the victim even greater injury and suffering, and that severe punishment was warranted.
4. Jeju Attorney | The Offender Received Imprisonment With Labor
With the assistance of the Jeju attorney, the perpetrator received a sentence of imprisonment with labor.
The court that heard the case imposed a sentence of imprisonment with labor, citing the fact that the perpetrator did not make a direct apology to the victim, the fact that the perpetrator filed a sudden criminal deposit so that the victim was greatly angered and was petitioning for severe punishment, and the fact that the perpetrator committed sexual harassment and a forcible indecent act on several occasions, which reflected poorly on the nature of the offense.
As in this case, if you have suffered workplace sexual harassment or a forcible indecent act, it is important to promptly consult a specialized attorney through a 🔗legal consultation appointment.
In addition, 🔗wrongful dismissal litigation may need to be prepared together, in which case the matter should be reviewed jointly with attorneys and a labor attorney of Law Firm Daeryun.
Through this, the firm assists in protecting the client's rights and minimizing the client's loss.
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.
