Renault Samsung Corporation and Employees Fined for Secondary Harassment of Sexual Harassment Victim

Supreme Court, Seocho-gu, Seoul. Photo by Mun Ho-nam munonam@

[Asia Economy Reporter Kim Daehyun] Two Renault Samsung corporate entities and employees who were prosecuted for 'secondary harm' related to sexual harassment incidents at the company have had their fines confirmed by the Supreme Court.

On the 15th, the Supreme Court's 2nd Division (Presiding Justice Jo Jaeyeon) announced that in the appeal trial of Renault Samsung Motors and others, who were charged with violating the Gender Equality Employment Act, the original court's ruling was upheld, imposing a fine of 20 million KRW on the corporation, and fines of 8 million KRW and 4 million KRW on employees A and B, respectively.

Previously, Renault Samsung HR Manager A and a deputy head of a certain division B were prosecuted for retaliatory disciplinary actions against employee C, who reported being sexually harassed by a superior in 2013 and filed a civil lawsuit against the company. The Renault Samsung corporation was also charged with negligence in supervision and caution to prevent such violations of the law.

At that time, when rumors spread that C had "seduced the superior first," C confronted an employee suspected of spreading the rumors, questioned the circumstances, and obtained a statement. Subsequently, C was referred to a disciplinary committee on grounds of "threatening colleagues" and received a reprimand. Additionally, colleague D, who assisted C in reporting the sexual harassment incident, was found to have been suspended for "poor work attitude."

In court, A and others argued that the disciplinary decisions were unrelated to the sexual harassment victimization.

However, the first trial stated, "The Gender Equality Employment Act stipulates that no disadvantageous measures can be taken against victims of workplace sexual harassment," and pointed out, "A and B directly undermined the law’s purpose, which is to enable victims to trust the employer and raise issues without fear of secondary harm, ultimately aiming to promptly and properly remedy and prevent workplace sexual harassment." Accordingly, fines of 8 million KRW and 4 million KRW were imposed on A and B, respectively, and 20 million KRW on Renault Samsung.

The second trial acquitted some of Renault Samsung’s charges but maintained the 20 million KRW fine from the first trial. Appeals from other defendants were all dismissed.

The Supreme Court also deemed this judgment correct. The court stated, "The lower court did not err in its understanding of the 'disadvantageous measures' defined in Article 14, Paragraph 2 of the former Gender Equality Employment Act, nor in its interpretation of intent."

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