What’s the Point of Reporting? Only 7% of 'Employer Sexual Harassment' Cases Result in Punishment
65.7% of Sexual Harassment Reporters 'Abandon' Cases Midway
Many Face 'Retaliatory Power Abuse' After Reporting, but Punishments Are Minimal
Need to Improve Awareness of Sexual Harassment Reporting... Ministry of Gender Equality "Many Just Endure and Move On"
The rate at which workplace sexual harassment reports actually lead to recognition and punishment has been revealed to be very low. Photo by Pixabay [Image source=Pixabay]
View original image[Asia Economy Intern Reporter Kim Se-eun] It has been found that even when employees report sexual harassment by business owners, cases where the harassment is acknowledged or leads to fines are very low.
On the 12th, 'Workplace Power Abuse 119' disclosed the results of an analysis based on data received from the Ministry of Employment and Labor by Song Ok-ju, a member of the Democratic Party of Korea.
In an analysis of 1,046 cases of sexual harassment by business owners reported over one year and two months from January last year to March this year, only 129 cases, or 12.3%, were actually recognized as sexual harassment.
The number of cases where fines were imposed on business owners was only 80, accounting for 7.6%. 65.7% (687 cases) of the reporters gave up on the case midway, and among the 129 cases recognized as sexual harassment by labor inspectors, 38% (49 cases) were administratively closed on the grounds that the accused was not the 'legal business owner.'
Even if the management responsible is not the legal business owner, they have personnel authority and actually give work-related instructions, so there is little difference from the victim's perspective. However, according to the Act on Gender Equality in Employment, only the 'business owner' is subject to punishment, so management officials are not subject to penalties.
Workplace Power Abuse 119 also reported that follow-up measures for sexual harassment reporters are often not taken or that 'retaliation' occurs.
According to data independently collected by Workplace Power Abuse 119, among 205 reported cases of workplace sexual harassment, 90% involved violations of the obligation to take action, and 83% reported unfavorable treatment after reporting.
During the same period, among 173 cases of 'violation of obligation to take action' reported to the Ministry of Labor, only 16 cases (9.25%) were actually recognized. Only one case led to the imposition of a fine. Furthermore, among 32 cases reported as 'retaliatory power abuse,' only 3 were sent to the prosecution with a recommendation for indictment.
Jang Jong-su, a labor attorney at Dolkkot Labor Law Office, pointed out, "This is a problem of the Ministry of Labor's weak will to resolve the issue," and added, "The Ministry of Labor should improve labor inspectors' awareness through continuous gender sensitivity education."
Meanwhile, according to the '2021 Sexual Harassment Survey Results' announced by the Ministry of Gender Equality and Family on the 7th, 7 out of 10 employees (66.7%) who experienced sexual harassment at work did not actively respond such as reporting.
The most common response was "I thought it was a problem I could overlook" at 59.8%, followed by "I thought my relationship with the perpetrator would become uncomfortable" at 33.3%, and "I thought the institution and organization would condone it even if I raised the issue" at 22.2%. Additionally, 64.1% of those who heard about or witnessed others' sexual harassment experiences also answered that they "did not take any special measures."
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The Ministry of Gender Equality and Family stated, "Most victims endure and overlook the issue, and witnesses also do not take special measures, showing a passive attitude toward workplace sexual harassment," and said they would strive to improve awareness based on the survey results.
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