Legal Q&A
Q
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I was subjected to workplace sexual harassment by my superior at a company dinner. I was harassed in ways such as continuous touching of my legs and shoulders and being asked for a kiss on the cheek. Can this be reported as workplace sexual molestation? Does this kind of conduct also constitute workplace sexual harassment? I want to take revenge and see this person ruined. Please also tell me the detailed reporting method.
workplace sexual harassment
workplace harassment
sexual harassment within the company
Answer
Published:
Author : Byung Joon KOH
I am sorry that you must have suffered greatly from the workplace sexual harassment that you experienced at a company dinner.
Workplace sexual harassment includes the following types.
① Physical acts: hugging, acts of physical contact such as a back hug or touching specific body parts, and acts of forcing a massage or caress are included.
② Verbal acts: obscene jokes, vulgar talk, sexual comparisons regarding appearance, spreading information of a sexual nature, forcing sexual relations, and forcing someone to sit close by and pour drinks at a company dinner are included.
③ Visual acts: obscene photographs, drawings, graffiti, and posting or showing publications and the like, as well as intentionally exposing one's own specific body parts, fall under this category.
Workplace sexual molestation is a sex offense subject to criminal punishment, for which reporting and relief are available.
The perpetrator is subject to imprisonment for not more than 3 years or a fine of not more than 15 million won.
① You may report to the employer or the grievance officer orally or in writing, and if the internal company procedures are insufficient, you may seek the help of external organizations such as a sexual violence counseling center.
② If the act is serious or repeated, the perpetrator can be punished by filing a complaint with the police or the prosecutors.
③ Civil damages for physical and psychological harm may also be claimed, and the claim may be filed within 10 years from the date on which the incident occurred.
Securing evidence and obtaining counsel are important, so please do not bear this alone and be sure to seek help.

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