Supreme Court: "Workplace superior who grabbed female employee's wrist and said 'Let's go to a motel after the company dinner' guilty of sexual assault"

[Asia Economy Reporter Kim Hyung-min] The Supreme Court has ruled that a workplace superior who forcibly grabbed a junior colleague's wrist, urging them to go to a motel after a company dinner, is guilty of forced molestation.

The Supreme Court's 2nd Division (Presiding Justice Park Sang-ok) overturned the lower court's partial acquittal in the appeal trial of Mr. A, who was charged with forced molestation, and remanded the case to the Seoul Southern District Court with a guilty verdict on the 5th.

The court maintained the lower court's not guilty ruling regarding molestation at the company dinner but judged that the act of grabbing the wrist while urging to go to a motel constitutes "forced molestation."

Furthermore, the court held that even if Mr. A persuaded the victim and put them in a taxi to send them home, it is irrelevant to the establishment of the forced molestation charge.

The court pointed out, "Mr. A's act of grabbing the wrist already included a 'sexual motive,' so the intent to molest is recognized."

It added, "Forced molestation includes cases where the assault itself is molestation, and in such cases, regardless of the relative strength of force, it is against the will of the other party."

Mr. A was tried on charges of forcibly grabbing junior colleague Mr. B's wrist, saying "I want to go to a motel" alone after a company dinner in July 2017. Mr. A was also accused of touching Mr. B's hand and shoulder at the company office and the dinner venue.

The first trial recognized all of Mr. A's charges and sentenced him to six months in prison with a two-year probation. He was also ordered to attend 40 hours of sexual violence treatment lectures.

However, the second trial recognized only the molestation at the company office as guilty and acquitted the other two cases, reducing the sentence to a fine of 300,000 won.

The court viewed Mr. A's act of grabbing the wrist while urging to go to a motel as "it is difficult to consider the wrist as a body part that causes sexual shame or disgust," and regarded it as closer to 'sexual harassment' than molestation.

Additionally, considering Mr. B's statement to the police that "I persuaded Mr. A and put him in a taxi to send him off," it was not deemed impossible to resist Mr. A.

This means it does not fall under "molestation after making resistance difficult," which is one of the requirements for establishing the crime of forced molestation.

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