A boss who harassed a subordinate who wanted a promotion by asking, “Can I kiss him?” Sentenced to 6 months in prison

Forced physical contact and kissing at company dinners... “It was just encouragement,” he refuted.
“It is difficult to believe the specificity of the statement” Objections to the decision not to forward the case… prosecution indictment
The court said, “The victim’s statement was consistent in major parts… The crime was bad due to malicious use of the will for promotion.”
 

A public servant in his 50s was sentenced to prison for molesting a subordinate at a company dinner.

On the 12th, the Daejeon District Court Cheonan Branch sentenced Mr. A, a man indicted on charges of forcible harassment, to six months in prison. In addition, he was ordered to complete a 40-hour sexual violence treatment program and restricted from employment at child and youth-related institutions for two years.

Mr. A, who worked as a team leader at a government-affiliated organization, was accused of pulling the hand of Mr. B, a subordinate, and placing it on his thigh at a company dinner in 2023, and asking, “Can I kiss you?”

Mr. B's side claimed that at the time, while talking with Mr. A about promotion, he made a statement to the effect of "If there is anything I don't know, please let me know. The team leader can help me," and that Mr. A approached him, whispered, and asked, "Can I give you a kiss?" He also emphasized that even when the two of them were alone after the dinner party, Mr. A asked for physical contact under the pretext of a promotion, saying, "Please show me your faith. I will do my best only if you show me your faith."

Mr. A completely denied the charges. At the time, the company dinner was for some employees, including the victim, who was discouraged by missing out on promotions, and he explained that Mr. B, who was sitting next to him, suddenly grabbed his hand and tapped the back of his hand once or twice as encouragement. He then explained that he did not mention the kiss to Mr. B.

The police who initially investigated the case decided not to forward the case. The reason was that there was not enough evidence. The police explained the reason for the acquittal by saying, “The victim’s statement was not specific, and it was unnatural for the suspect to hold the victim’s hand and offer a ‘kiss’ while his colleagues were sitting across from him at the time, and the colleagues did not see the damage either.”

Mr. B, who was dissatisfied with this, filed an objection. Immediately after the incident occurred, Ms. B talked to her husband on the phone and told him in detail what happened at the company dinner, and she immediately reported this to the company the next day. The intention is that this contains specific details that cannot be stated without first-hand experience.

The prosecution, which took over the case, believed that Mr. B's statement was credible and sent Mr. A to trial.

The court sentenced Mr. A to six months in prison and placed him in court custody. The court said, “The victim provides detailed statements about the circumstances of the incident, the circumstances of the damage, and the defendant’s actions, and the main parts of the content are consistent.” He also added, “If you look at the phone call between the victim and his spouse immediately after the crime, it contains the content that ‘the defendant asked to kiss.’”

The court continued by explaining, “Although it appears that the employees across from him were unaware of the defendant’s actions, the hands of the defendant and the victim were under the table, so there is a possibility that the witness’s gaze could be obstructed by the table.”

At the same time, the reason for sentencing was stated, “The defendant tried to take advantage of the victim’s will for promotion, so the crime was bad and showed no serious remorse, and the victim is also pleading for severe punishment.”

Dae-som Yoon, a lawyer at Daeryun Law Firm, who represented Mr. B, said, “The Supreme Court believes that the credibility of the statements of victims of sexual crimes should not be rashly rejected unless the main parts are consistent, there are no irrational or contradictory parts compared to the rule of thumb, and there is no motive to falsely make statements unfavorable to the defendant.” “We were able to receive a prison sentence after indictment by emphasizing that there was no reason to do so,” he explained.

Reporter Kim Jong-cheol (jckim99@sportsseoul.com)

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A boss who harassed a subordinate who wanted a promotion by asking, "Can I kiss you?" Sentenced to 6 months in prison (link)