[In Court: Direct Exposure] ⑤ Gender Violence Erasing 'Working Women'... "Starting with Recognition as 'Colleagues'"

Manager A of a certain public corporation, who was fired for repeatedly sexually harassing female employees. He made unpleasant sexual remarks to female employees, showed provocative videos and photos, called them after work without reason, and searched through their KakaoTalk profiles to ask about past photos. He filed a lawsuit challenging the validity of the Central Labor Commission's ruling that his dismissal was justified, but in April 2021, the Administrative Division 3 of the Seoul Administrative Court rejected his claim, stating that "it is difficult to view this as mere jokes or natural conversations among colleagues."

The court stated, "Even if there was no sexual intent, the continuous and repetitive acts would cause a general person to feel sexual disgust," adding, "The company needs to strictly punish misconduct to prevent recurrence and restore order in the workplace."

July 13, 2020, 'Press Conference on the Sexual Harassment Case by the Mayor of Seoul'

'Gender violence' experienced by female employees in the workplace is considered a representative type of workplace harassment. According to a survey conducted by Workplace Gapjil 119 in October last year targeting 1,000 workers, 23.1% of respondents reported being subjected to 'appearance criticism' as a form of everyday gender violence and discrimination at work. The rate of experiencing appearance criticism was about three times higher for women (36.3%) than men (13.2%). Among female respondents, 30.9% said they experienced discrimination in menial tasks based on gender stereotypes, and 14.9% reported receiving 'unwanted advances.'

In February, the Civil Division 15 of the Suwon District Court ruled that the dismissal of Mr. B, who repeatedly made advances toward a subordinate employee, was justified. Mr. B, a married head of department, confessed his feelings to an unmarried female employee in the team, and after being rejected, he did not stop his advances. He also sent messages implying extreme choices.

The court pointed out, "The victim clearly expressed refusal, but Mr. B showed an attitude of reflecting personal feelings in work. Most of the advances were made through the company's work messenger program," adding, "This caused sexual disgust to the victim, inflicted mental distress beyond the appropriate scope of work, and worsened the work environment."

Gender violence can also lead to violent crimes. A representative case is Jeon Juhwan (31), who committed a retaliatory murder after facing criminal charges following a report by a station worker he stalked at Sindang Station. In Jeon Juhwan's criminal trial in January, the prosecutor emphasized, "The victim suddenly felt fear due to the defendant appearing at the workplace where she always went to work and died," adding, "This instilled fear that anyone who faithfully lives trusting the judicial system could become such a victim at any time."

Kim Hye-jung, director of the Korea Sexual Violence Counseling Center, explained, "Female workers are often in a vulnerable position compared to perpetrators at work, making them easy targets for harassment. Even when stalked or sexually assaulted at work, there are still not many companies that properly resolve the issue by 'protecting victims and holding perpetrators accountable,'" adding, "Victims who already face various barriers such as disadvantages in promotion due to marriage, childbirth, and childcare find it difficult to raise issues even when harassed."

Judge Lee Hye-mi of the Suwon District Court stated in the thesis 'Employer's Responsibility for Sexual Harassment in the Workplace' that "Recent precedents recognize employer responsibility for sexual harassment occurring outside working hours and outside the workplace. Disadvantageous measures against helpers who assist victims are also illegal," emphasizing, "Workplace sexual harassment often stems from social structures and organizational culture, so the role and responsibility of employers are important."

Sexual harassment victims can hold perpetrators or employers (users) liable for damages under civil law. The Act on Gender Equality in Employment also includes employer disciplinary obligations regarding workplace sexual harassment. In a case where a worker in their 20s who worked as an intern at a public corporation was sexually assaulted by a superior in their 50s, the Seoul Central District Court in August 2021 ordered the perpetrator, the managerial staff responsible for them, and the corporation to pay a total of 45 million won to the victim. This also held the employer accountable for effectively neglecting the sexual violence incident.

Director Kim said, "Ultimately, the root cause of the problem is the 'sexist culture' in the workplace. Recognizing that colleagues are people met to work together and building safe distances through work relationships is necessary, but the sexist culture of society is directly carried into the office," adding, "A firm guideline that harassment acts are absolutely unacceptable within the organization must be implemented."

Labor attorney Kim Se-jung of Dolkkot Labor Law Office stated, "Evaluations, criticisms, and control regarding appearance are workplace harassment, sexual harassment, and clear discrimination. There may be various types of gender violence that do not appear during investigations," adding, "Workplace harassment manuals should explicitly and specifically include issues of gender-discriminatory harassment."

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