Mokpo Attorney Recommendation | Helping a Victim of an Indecent Act by Abuse of Authority to Have the Perpetrator Punished

The client who received the Mokpo attorney recommendation came to apply after seeing a help-wanted advertisement for a part-time job.

The accused, who was the employer of the shop, committed an indecent act against the client on the pretext of hiring.

Unable to bear the distress, the client resolved to file a complaint and requested help from the Mokpo attorney.

The crime of an indecent act by abuse of authority is an offense committed when a person carries out an indecent act, through deceptive means or force, against a person under his or her protection or supervision by reason of work, employment, or another relationship.

If this charge is established, the offender may be punished by imprisonment for not more than three years or a fine not exceeding 15 million won.

For this crime to be established, there must be a protective or supervisory relationship arising from work, employment, or another relationship, the exercise of deceptive means or force, and an indecent act.

On the pretext of hiring, the accused committed an indecent act by touching the client's chest and other areas.

Relying on Supreme Court precedent, the Mokpo attorney argued that the accused's commission of an indecent act by exploiting his position of holding hiring authority fell within the scope set by the punishment provision concerning an indecent act by abuse of authority. (See Supreme Court Decision 74Do1519, February 10, 1976, and Supreme Court Decision 2001Do4085, October 30, 2001.)

The Mokpo attorney also emphasized that, as for "force," which is a requirement for this crime to be established, whether an indecent act was committed by force must be judged by comprehensively considering various circumstances, including the content and degree of the physical force exercised, the type of the actor's position or authority, the victim's age, the relationship between the actor and the victim, how the act came about, the specific manner of the act, and the circumstances at the time of the offense.

The Mokpo attorney argued that the accused had committed the indecent act by exploiting the client's situation of having difficulty making a living, and that this was highly egregious.

The accused knew that the client was raising two young children alone and was desperate for a job to support herself, and he exploited this to commit the indecent act.

The Mokpo attorney called for severe punishment, arguing that even at the time of the offense the client had been unable to resist properly for fear of upsetting the accused and had to endure the humiliating conduct.