Supreme Court: "University Sexual Assault Cases, Disciplinary Actions Under School Regulations Are Justified Even If No Charges Are Filed"

[Asia Economy Reporter Kim Daehyun] The Supreme Court has ruled that even if the prosecution dismisses a sexual violence case on a university campus due to lack of evidence, separate disciplinary actions under university regulations are still justified.

On the 5th, the Supreme Court's 3rd Division (Presiding Justice Min Yusook) announced that it upheld the lower court's ruling against Seoul National University student A, who filed an appeal in a lawsuit seeking to nullify a suspension imposed by Seoul National University. The court followed its previous precedent that civil liability and criminal liability apply different principles regarding the degree of proof, and therefore, an acquittal in a criminal trial does not negate the existence of grounds for disciplinary action in a civil lawsuit.

In 2018, A took a drunken junior student B to a motel to sleep, and in the morning attempted to have sexual intercourse. B reported to the Seoul National University Human Rights Center and the police that A had sexually assaulted or molested her.

In response, the prosecution dismissed the charges against A due to insufficient evidence, but the Seoul National University Human Rights Center determined that the act constituted 'sexual harassment' or 'sexual violence' under its own regulations, and Seoul National University imposed a nine-month suspension on him.

Subsequently, A filed a lawsuit against Seoul National University, claiming that "the physical contact was made with implicit consent, and there was no physical contact against B's will," and that "the suspension is invalid due to substantive defects."

The first trial court ruled in favor of A, stating, "The prosecution dismissed the charges because B was able to sleep for about five hours in the motel and wash her face in the bathroom, indicating that she was not in a state of mental incapacity or inability to resist."

However, the second trial court overturned the first court's decision, stating, "According to the university regulations, student disciplinary procedures, and the Seoul National University Human Rights Center regulations, the disciplinary action was lawfully carried out according to internal school rules, and there is no procedural defect."

The Supreme Court also agreed with this judgment. The court stated, "Since A's actions fall under 'sexual harassment' as defined by the Seoul National University Human Rights Center regulations, the lower court's ruling that there are grounds for disciplinary action under the student disciplinary procedure regulations is justified," and dismissed the appeal.

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