Reporting Workplace Sexual Harassment | A Case in Which Workplace Sexual Harassment Was Left Unaddressed and Representation in a Petition Led to an Administrative Fine

The client, who works at a public institution A, began hearing 🔗sexual harassment remarks from her immediate superior from the early days of her employment.

After learning that the client had a boyfriend, the immediate superior made countless sexual remarks wholly unrelated to work, such as “Why are you tired? Is your boyfriend being too rough with you?” and “I'm afraid you'll get pregnant. Use protection.”

The client reported the immediate superior's sexual harassment to the employer, but received a determination that it did not amount to sexual harassment in the workplace.

In the end, the client decided to seek the help of an attorney and came to Daeryun Law Firm's attorney experienced in sexual harassment cases.

Workplace sexual harassment refers to an employer, a superior, or a worker using a position within the workplace or acting in connection with work to engage in sexual conduct toward another worker.

The standards for assessment are as follows.

1. Use of a Position Within the Workplace or Connection with Work:

It may be regarded as sexual harassment in the workplace when an employer, a superior, or a worker uses a position within the workplace or where there is a connection with work.

It amounts to sexual harassment in the workplace not only when it occurs inside the workplace during working hours, but also during a business trip or at a company dinner that is connected with work.

2. Conduct the Victim Does Not Want:

For sexual harassment in the workplace to be committed, the conduct must be conduct that the victim does not want.

Even where the victim refuses passively or implicitly, this is regarded as an expression that the conduct is not wanted by the victim.

3. Harm Caused by the Sexual Harassment:

Harm must arise, such as the victim feeling sexual humiliation or aversion as a result of the sexual harassment, or the victim's working conditions and employment being made unfavorable on the ground of refusal to comply with a sexual demand.

The attorney experienced in sexual offense cases collected evidence such as the contents of calls containing the perpetrator's sexual harassment remarks.

The attorney organized the perpetrator's sexual harassment remarks, prepared an opinion stating that they amounted to sexual harassment as a matter of law, and filed a petition with the labor office.

The attorney experienced in sexual offense cases argued that the perpetrator's sexual harassment was not incidental but was carried out continuously.

The attorney pointed out that, nevertheless, the internal disciplinary committee viewed the perpetrator's sexual harassment as an incidental, one-time remark and did not take appropriate measures.