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I would like to ask about reporting workplace sexual molestation.

Hello. I would like to ask about a report of workplace sexual molestation. Because she was friendly and treated me well from the time she joined the company, I thought that she also had feelings for me. Since a workplace romance can be somewhat difficult, I treated her closely, thinking that we were at a stage of getting to know each other with good intentions. However, I ended up being reported for workplace sexual molestation. This is a truly bewildering situation. In the current situation, what would be the best way to respond?

sexual molestation

workplace sexual molestation

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Answer to Related Inquiry

Author: 고병준

Hello. This is a response regarding workplace sexual molestation.

In the case of workplace sexual molestation, this is a matter that requires very careful legal response.

Legally, sexual molestation is judged based on whether there was sexual speech, conduct, or physical contact against the other party's will.

If the victim felt displeasure or sexual shame, and that can be objectively recognized to a certain level, it may be regarded as sexual molestation. In particular, when there is a hierarchical relationship within the workplace or an influence arising from work, the judgment is applied more strictly.

Within the company, a fact-finding investigation may be conducted in accordance with sexual harassment prevention guidelines, and disciplinary or personnel measures may be imposed depending on the result.

Statements, attitude, and confirmation of the facts during this investigation process are very important, and an emotional response or an unreasonable explanation may instead work to your disadvantage.

If the victim proceeds even to a criminal complaint, the crime of forcible indecent act and others may apply, and if it is recognized, a punishment of imprisonment for not more than 10 years or a fine of not more than 15 million won may be imposed.

It appears most important to prepare your statement and respond to the investigation through a prompt consultation with an attorney experienced in sexual offense cases.

The attorneys experienced in sexual offense cases at Daeryun Law Firm provide assistance for the prompt resolution of clients' cases through the principle of confidential consultation and a rapid response strategy tailored to the situation.