I have a question about the statute of limitations for sexual harassment.

Hello. Here is my answer to your question about the statute of limitations for sexual harassment.

First, sexual harassment refers to an act of making unwanted sexual remarks or engaging in unwanted sexual conduct that causes the other party to feel sexual humiliation or shame.

It refers to physical, verbal, or visual conduct related to a physical relationship between men and women, or to the physical characteristics of a man or a woman, that, in light of the sound common sense and practices of the social community, an ordinary and average person could find sexually humiliating or repugnant.

However, expressions that demean women or patriarchal remarks that are not sexual conduct do not constitute sexual harassment. (Examples: having only women run errands to fetch tea, or calling someone "hey.")

The statute of limitations for prosecution refers to the point after which, once a certain period has passed since the incident occurred, legal responsibility can no longer be pursued.

This statute of limitations also applies to sexual harassment cases, and the statute of limitations for sexual harassment is generally 5 years.

In the case of damages, there is an extinctive prescription of 3 years from the date on which the tort became known.

However, where the target is a child under 13 years of age, the statute of limitations for sexual harassment may not apply under the Criminal Act and the Act on the Protection of Children and Youth against Sex Offenses, so it appears necessary to closely understand and respond to the case with the help of a specialized attorney.

With the help of a specialized attorney, we recommend that you determine whether the remarks constitute sexual harassment and prepare response measures for calculating the statute of limitations for sexual harassment and for any damages suit that may be filed together.