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I intend to report my supervisor for workplace sexual harassment.
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I have repeatedly received inappropriate sexual remarks and messages from my supervisor at work. I tried to secure evidence, but my supervisor deleted some of the messages, so almost nothing remains. Would it be possible to restore the company messenger conversations in order to report the workplace sexual harassment?
workplace sexual harassment
Answer to Related Inquiry
Author: 정찬우
In a workplace sexual harassment case, even conversations deleted from a company messenger can, to a considerable extent, be restored through digital forensic technology.
By analyzing the digital traces remaining in messenger apps or servers, internal logs on smartphones and PCs, and backup files, it is possible to confirm deleted messages, attached files, and the times of transmission.
However, if events such as resetting the device, deleting server backups, or overwriting with new data occur, the possibility of recovery may decrease, so it is important to request forensic analysis promptly.
The restored conversations can be used as evidence in a report of workplace sexual harassment, a request for disciplinary action, and civil or criminal litigation.
You may report workplace sexual harassment to the company's grievance committee or human resources team, and you may also make use of external bodies, such as filing a complaint with the labor office, a criminal complaint with the police, or a petition with the National Human Rights Commission.
When filing a petition, it is advisable to organize an overview of the case together with the relevant supporting evidence and submit them together.
However, to be admitted as evidence in court, the file must be an original whose integrity and reliability have been secured, and it must be submitted in a state that precludes any possibility of alteration or forgery.
Therefore, rather than an individual attempting recovery on their own, securing evidence through lawful procedures together with a digital forensics expert is a safe and reliable method.
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