Forced harassment due to work-related force, etc. must be responded to quickly with legal assistance.

Mr. A, a man in his 40s, was indicted on charges of forcible harassment early this year and sentenced to a fine in the first trial. The victim was a contract employee who worked at the same company. Mr. A was accused of touching the victim's body parts at a company dinner, but most of the charges were acknowledged at trial. This was because there were multiple witnesses, and other employees also testified that they had suffered similar damage from Mr. A.

The prosecutor filed an appeal, saying his client should be sentenced to prison. The client, who was once again in danger of being sentenced to prison, needed the help of a sex crime lawyer. The author who was in charge of this case first figured out the overall circumstances of the incident. After recognizing that an agreement with the victim could not be reached in the first trial, efforts were made to recover the damage, and as a result, a final agreement was reached. During the appeal process, these changed circumstances were emphasized and appeals were made for leniency.

The appellate court dismissed the prosecutor's appeal. As the fine from the first trial was maintained, Mr. A was able to escape the risk of imprisonment. In the case above, if additional information unfavorable to Mr. A were revealed during the appeal process, a more severe punishment could have been imposed. This can be seen as an example of a good result achieved thanks to strategic judgment and quick response.

In this way, forced harassment due to work-related power, etc. occurs due to power relations within the group. In most cases, the victim's free will is suppressed through dominance similar to a superior-subordinate relationship at work. Due to these characteristics, this crime is punished as an indecent assault by force in the workplace, etc. in accordance with the Special Act on the Punishment of Sexual Violence Crimes (Sexual Violence Punishment Act).

According to Article 10 of the Sexual Violence Punishment Act, a person who sexually assaults a person who is under his or her protection or supervision due to work, employment or other relationships through fraud or force shall be punished by imprisonment for up to 3 years or by a fine of up to 15 million won. What is important to note here is that an illegal act is recognized even if assault or threats, which are the elements of forcible harassment, are not used. As a result, the scope of the crime has expanded and the possibility of punishment has also increased.

In addition, sentencing standards have also been significantly raised. The Supreme Court Sentencing Committee held its 137th meeting last month and recommended that the basic statutory sentence for indecent assault by force at work be ‘6 months to 1 year.’ In addition, depending on the severity of the act, a maximum sentence of ‘10 months to 2 years’ can be imposed, and if the crime is serious, a special aggravation of up to one-half of the upper limit of the sentence range recommended by the sentencing standards can be imposed.

Seungchan Lee, a lawyer at Daeryun Law Firm, said, "Because forcible sexual harassment by force in the workplace is a sexual crime, if you are found guilty, security measures such as registration and disclosure of personal information and employment restrictions may also be imposed. Therefore, the best way is to establish a response strategy that suits your situation from the early stage of the investigation to avoid charges as much as possible."

If charges have already been applied, the top priority should be securing objective evidence to prove one's claim, such as CCTV records from the time of the incident, text messages, and witness statements. It is necessary to maintain a consistent position in statements to investigative agencies, and it is also necessary to keep in mind that an amicable agreement with the victim also plays an important role in handling the case.

Reporter Jin Ga-young (lawissue) (news@lawissue.co.kr)

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