Human Rights Commission: "Park Won-soon's Actions Constitute Sexual Harassment... Measures Needed to Prevent Secondary Harm"

Chairperson Choi Young-ae of the National Human Rights Commission and standing commissioners are conducting a plenary meeting at the National Human Rights Commission in Jung-gu, Seoul on the 25th.
[Photo by Yonhap News]

[Asia Economy Reporter Jeong Dong-hoon] The National Human Rights Commission, which conducted an ex officio investigation into the sexual harassment allegations against the late former Seoul Mayor Park Won-soon, has acknowledged the sexual harassment by the former mayor as factual.

On the 25th, the Human Rights Commission held a plenary session to deliberate and resolve the ex officio investigation into the former mayor’s sexual harassment. The Commission stated, "The sexual conduct by the former mayor towards the victim in relation to his work constitutes sexual harassment under the 'National Human Rights Commission Act,'" and added, "We have decided to recommend improvements to protect the victim and prevent recurrence to Seoul City and related institutions."

The Commission announced the results of the ex officio investigation in five main areas: ▲whether the former mayor’s conduct constitutes sexual harassment ▲the operational practices of Seoul City’s secretarial office ▲whether there was tacit approval or aiding and abetting of sexual harassment ▲the inadequate response and victim protection measures regarding the April sexual assault incident in Seoul City ▲and the leakage of the accusation details.

Regarding the sexual harassment allegations against the former mayor, the Commission stated, "Based on evidence such as the victim’s mobile phone digital forensics, testimonies from witnesses, and the specificity and consistency of the victim’s statements, it is possible to acknowledge as factual the victim’s claim that the former mayor sent inappropriate messages, photos, and emoticons late at night, and touched the victim’s nails and hands that had been manicured in the office," and judged, "Such conduct by the former mayor constitutes sexual harassment as it involves sexual behavior that causes sexual humiliation or disgust."

Sexual harassment under the National Human Rights Commission Act refers to conduct in work, employment, or other relationships where public institution employees, employers, or workers use their position or work-related circumstances to engage in sexual behavior that causes sexual humiliation or disgust or results in employment disadvantages.

However, the Commission noted, "It is difficult to acknowledge as factual cases where there is no testimony from witnesses who heard the act at the time it occurred or no evidence such as mobile phone messages beyond the victim’s claims."

Regarding the operational practices of Seoul City’s secretarial office, the Commission pointed out, "Secretaries assist the head of the institution at close range and are in a position closely related to the head in terms of work. When the scope of work is unclear, the distinction between public and private matters becomes ambiguous, affecting their relationship. The secretarial staff’s perception of the former mayor and the victim as having a ‘special’ or ‘intimate’ relationship and thus not viewing it as a ‘problem,’ as well as the victim’s active performance of such labor while serving as a secretary, was justified as secretarial work, distorting the essence of the issue."

Regarding allegations of tacit approval or aiding and abetting sexual harassment by Seoul City secretarial staff, the Commission found no circumstances indicating awareness of the sexual harassment. It stated, "While it is true that the victim requested a transfer early in her secretarial work citing difficulty and that superiors encouraged her to stay, there is no evidence that colleagues or superiors recognized the transfer request as due to the former mayor’s sexual harassment," and judged, "However, the secretarial office assisting the local government head failed to recognize the nature of sexual harassment and hierarchical structure, viewing the relationship between the two only as an intimate one, reflecting a low level of gender sensitivity, which is problematic."

The Commission criticized Seoul City’s inadequate response and victim protection measures regarding the April sexual assault incident. After becoming aware of the sexual violence incident involving a secretarial staff member (the April incident), Seoul City first transferred the accused to another department, which was related to the victim’s work. Furthermore, despite the accused’s distortion and external dissemination of the victim’s allegations, Seoul City neglected to take action.

The Commission stated, "Although the victim requested an investigation into the ‘April incident’ and measures against secondary harm, Seoul City took no action citing the ongoing investigation," and judged, "Such conduct by Seoul City constitutes secondary harm to the victim." It further pointed out, "Seoul City’s handling of the April incident revealed low gender sensitivity, perceiving it as a typical criminal sexual violence case or a personal issue between two individuals, which prevented the relatively well-established Seoul City system from functioning properly."

Regarding the leakage of the accusation details against the former mayor, the Commission reported, "Related agencies such as the National Police Agency, Prosecutor’s Office, and the Blue House did not submit materials citing ongoing investigations or security reasons, and the digital forensic results of the former mayor’s mobile phone were not obtained," adding, "Key witnesses also did not respond due to ongoing investigations, limiting the investigation and making it difficult to verify how the accusation details were conveyed to the former mayor."

The Commission decided on July 30 last year at the Standing Committee to conduct an ex officio investigation into the former Seoul mayor’s sexual harassment and related matters, conducting a comprehensive investigation over five months into the operational practices of the Seoul City mayor’s secretarial office, sexual harassment and tacit approval or aiding and abetting by the former mayor, and procedures for handling sexual harassment and sexual violence cases. The Commission conducted on-site investigations at the Seoul City Hall mayor’s office and secretarial office, interviewed the victim twice, took testimonies from 51 current and former Seoul City employees and acquaintances, analyzed materials submitted by Seoul City, police, prosecution, the Blue House, and the Ministry of Gender Equality and Family, and performed digital forensic analysis on the victim’s mobile phone.

The plenary session consists of 11 human rights commissioners including the chairperson, but only nine commissioners attended on this day. Recently nominated by Chief Justice Kim Myeong-su, lawyer Yoon Seok-hee had not completed the appointment process, and non-standing commissioner Lee Jun-il was absent. The plenary session was held behind closed doors.

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