A Korail Employee Kissed His Female Boss's Cheek Saying "Like a Married Couple"

Dismissed Last Year After Workplace Sexual Harassment Report
Court: "It Is Sexual Harassment... Dismissal Is Justified"

A court ruling has upheld the dismissal of a Korea Railroad Corporation (KORAIL) employee who sexually harassed a female superior by kissing her on the cheek and touching her abdomen.

According to Yonhap News on the 24th, the 11th Civil Division of the Gwangju District Court (Presiding Judge Yoo Sang-ho) dismissed the claim of former KORAIL employee A, who filed a lawsuit against the railroad company seeking nullification of his dismissal.

In July and August 2021, while working in pairs at a small station, A touched the abdomen and forearm of his female superior and kissed her on the cheek in the office. He also repeatedly pressured the victim to drink alcohol, saying, "I never drink with male employees alone," and even said, "We are like a married couple." A was reported for workplace sexual harassment in September of the same year and was dismissed in February of last year.

Gwangju District Court Exterior View

In his lawsuit seeking nullification of the dismissal, A argued, "The kiss was made out of romantic interest, and there can be no sexual harassment using workplace authority against a superior." He added, "It is illegal to impose the heaviest punishment without considering achievements such as awards and work evaluations."

However, the court did not accept this. The presiding judge stated, "A made physical contact despite the victim expressing refusal, and given the situation where only a few people work at a remote station, the victim likely felt significant anxiety and fear," recognizing both sexual harassment and work-relatedness.

The court explained, "According to the company's disciplinary standards, violation of the duty to maintain dignity due to sexual harassment is considered a serious offense, and if intentionality is recognized, dismissal is the only possible penalty, excluding disciplinary mitigation." It added, "As KORAIL is a public enterprise under the Ministry of Land, Infrastructure and Transport, requiring high ethical standards and frequent face-to-face contact with citizens, it is difficult to see the disciplinary standards as an abuse or deviation of discretion from social norms."

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