'Sexual Harassment and Retaliation' Seo Ji-hyun Loses Compensation Lawsuit Against State and Ahn Tae-geun (Comprehensive)
[Asia Economy Reporters Seongpil Jo and Daehyun Kim] Prosecutor Seo Ji-hyun filed a lawsuit against the state and former Prosecutor Ahn Tae-geun, claiming she was sexually assaulted and faced personnel disadvantages, but lost in the first trial.
On the 14th, Judge Kim Dae-won of the Civil Division 93 at the Seoul Central District Court dismissed Seo's claim for damages against former Prosecutor Ahn and the state. The reason was that the statute of limitations had already passed, making it difficult to hold the defendants liable. The statute of limitations is a system that extinguishes rights if they are not exercised within a certain period. The court stated, "According to the plaintiff's claim, even if the sexual assault occurred, Prosecutor Seo appeared to have realistically and specifically recognized the perpetrator around October 2010," and "This case was only filed in 2018, well beyond the three-year statute of limitations for damages, so the plaintiff's claim is not accepted."
Previously, Prosecutor Seo filed the lawsuit in November 2018, alleging that former Prosecutor Ahn sexually assaulted her while serving as the head of the Ministry of Justice Policy Planning Division and retaliated against her with personnel actions after being promoted to Director of the Prosecutor's Office. The total amount claimed for damages was 100 million won. Allegations related to former Prosecutor Ahn became known when Seo appeared on JTBC's "Newsroom" on January 29, 2018, to expose the sexual assault. This incident triggered the Me Too movement across society. Subsequently, former Prosecutor Ahn was sentenced to two years in prison in the first and second trials for retaliatory personnel actions aimed at suppressing Seo's sexual assault disclosure, but was acquitted following the Supreme Court's October ruling last year, which overturned and remanded the case. The sexual assault charges were not prosecuted due to the expiration of the statute of limitations.
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Seo's side argued in earlier hearings that the criminal acquittal was based on legal technicalities, but it was a clear fact that Seo suffered personnel disadvantages, so former Prosecutor Ahn and the state should be held liable for damages. However, the court rejected this, stating, "There is insufficient evidence to recognize that former Prosecutor Ahn abused his discretion during personnel decisions to the extent that objective legitimacy was lost." The court also dismissed Seo's claim for damages against the state for the same reason.
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