Unending Workplace Sexual Harassment, Is This Okay?

Most Sexual Harassment Cases Occur Within Workplace Power Dynamics
Structural Issue of Victims Suffering Secondary Harm
Experts: "Investigative Agencies Should Not Become Tools of Secondary Harm Harassing Victims"

According to last year's "Sexual Harassment Correction Recommendation Casebook" by the National Human Rights Commission, out of 37 cases disclosed as correction recommendations, 31 were investigated as physical and verbal sexual harassment committed by supervisors at schools, workplaces, hospitals, and other institutions.
Photo by Yonhap News

[Asia Economy Reporter Kim Suwan] A man in his 40s, who worked as a manager at a small and medium-sized enterprise, was brought to trial on charges of sexually harassing a new employee, but it has come to light that he was acquitted in both the first and second trials, sparking criticism from women. The man is reported to have continuously committed harassment through repeated sexual jokes and other acts of workplace power abuse.

Women raised their voices, saying, "Isn't the court committing secondary victimization?" and criticized the court for being lenient toward the perpetrator. Experts pointed out that investigative agencies should not become tools for secondary victimization that harasses victims.

Manager A was brought to trial on charges of sexually harassing new employee B by touching B’s hair and shoulders from October to November 2016.

Despite B expressing discomfort, A’s behavior continued, and it was investigated that A showed obscene materials on a computer and frequently made sexual jokes.

The first trial court ruled, "A joined the company two months earlier than B, so although he was in a position to give work instructions, the degree of influence he could have on B’s work performance does not seem significant," and "Considering the degree of physical contact, it is difficult to see that B’s sexual autonomy was suppressed and that an act infringing on sexual freedom occurred," thus acquitting him.

The second trial also maintained the original verdict, stating, "The company where B worked was composed of young employees and did not appear to have a strong hierarchical structure in terms of workplace atmosphere," and "B also played pranks on A, and the degree of physical contact was not like stroking hair with sexual intent."

However, the Supreme Court ruled, "A exercised power over B as he was in a supervisory and protective relationship," and "The lower courts violated the rules of logic and experience, exceeded the limits of free evaluation of evidence, or misinterpreted the law," thus remanding the case.

Meanwhile, most sexual harassment cases recommended for correction by the National Human Rights Commission were found to have occurred within workplace power relationships.

According to last year’s 'Sexual Harassment Correction Recommendation Casebook' by the Human Rights Commission, among 37 publicly disclosed correction recommendation cases, 31 involved physical or verbal sexual harassment by supervisors at schools, workplaces, hospitals, and other institutions.

Among these, sexual harassment occurring in direct employment hierarchical relationships accounted for 137 cases (65.6%), the highest number. Notably, 63.6% of the perpetrators were representatives, senior managers, or middle managers, and 72.4% of the victims were regular employees.

The problem is that in cases of sexual crimes occurring in the workplace, the reporting rate is low due to the lack of protective measures after reporting.

According to a survey conducted by the Ministry of Gender Equality and Family over six months in 2018 targeting about 1,600 workers and sexual harassment prevention officers, 81.6% of sexual harassment victims responded that they "endured and let it go." Because many do not report the incidents, the actual number of victims is presumed to be higher than statistics indicate.

According to a survey conducted by the Ministry of Gender Equality and Family over six months in 2018, targeting a total of about 1,600 office workers and personnel responsible for preventing sexual harassment, 81.6% of sexual harassment victims responded that they "endured and moved on." Photo by Asia Economy DB

Some point out that there are no measures to prevent secondary damage after reporting. In sexual crimes committed through power abuse, there are concerns about significant harm to victims, such as personnel disadvantages and psychological trauma.

According to the 'Survey on Sexual Harassment and Sexual Violence in the Workplace among Professional Women' conducted by the Korean Women Lawyers Association in 2018, 65.7% (283 respondents) reported experiencing "mental distress such as depression, self-blame, and trauma." Among them, 4.9% (21 respondents) cited "disadvantages in daily life such as transfer, resignation, or job change."

Additionally, a survey conducted by the Seoul Women Workers Association from 2013 to 2016 targeting workplace sexual harassment victims found that 7 out of 10 voluntarily left their companies.

Experts suggested that the court’s ruling sentencing actual imprisonment for sexual harassment through workplace power abuse is a very meaningful judgment.

Attorney Lee Eun-ui told Asia Economy in a phone interview, "Even if it was not a sensitive area, the court judged it as harassment considering the overall context," and "even if there was no physical contact, the court’s ruling can be seen as made from the perspective of the parties involved. In fact, these aspects are very important in sexual crime cases, and the significant point is that courts have started to regard these aspects seriously."

Regarding the Supreme Court’s decision to overturn the lower court’s ruling, she said, "I think this ruling produced a meaningful result through the higher court’s judgment even if there were problems in the lower courts," and "It can be seen as a guideline for sexual crimes established by the Supreme Court ruling. Previously, such cases were often not prosecuted or resulted in acquittals. Because of this, victims’ lives inevitably suffered."

She added, "I believe investigative agencies and courts should reconsider victims who return to the workplace after the perpetrator is acquitted or not prosecuted in workplace sexual crime cases," and "Not only lower courts but also prosecutors should feel that investigative agencies must not become tools of secondary victimization that harass victims."

This content was produced with the assistance of AI translation services.