Workplace sexual harassment by deception — is it punishable even if the victim does not refuse?

Workplace sexual harassment requires consideration of the fact that, due to the hierarchical relationship at work, victims may not be able to actively express refusal toward the actions of a superior who is the sexual violence perpetrator.

In such situations, it is often psychologically and socially difficult for the victim to refuse the superior's actions.

Sex crimes that occur in hierarchical relationships at work often result in the victim being unable to properly express their will due to anxiety about their workplace status or duties.

Such actions can be punished under the Special Act on Sexual Violence as abuse of power within the workplace.

Even without using violence or threats, when a person commits indecent assault on another by deception in the course of duty, they are subject to criminal punishment.

Under Article 10 of the Sexual Violence Punishment Act, a person who commits indecent assault by deception against a person under their protection or supervision due to business or employment relations shall be subject to imprisonment of up to 3 years or a fine of up to 15 million won.

Therefore, if you are involved in a workplace sexual harassment or indecent assault case, it is good to promptly seek consultation with a specialist attorney to find a solution.