2) Sexual Harassment
Sexual harassment refers to sexually-suggestive comments or conducts made by
employees of public institutions, employers or employees that cause sexually-related
humiliation or degradation in business, employment or other relations or sexual conduct
initiated by supervisory employers or employees that results in disadvantage by reasons of
refusal to respond to such comment and act of a sexual nature or other demand. Sexual
harassment it not limited to the workplace, but can happen in diverse social relationships such
as between a teacher and a student at school and hierarchy in the military, all of which are
considered as sexual harassment according to the National Human Rights Commission Act.
○ Sexual Harassment by the Head of a Welfare Center
Ms. Jo, an employee at OO Welfare Center filed a complaint alleging that the accused,
the head of the Welfare Center of OO City, continuously committed sexual harassment
against the complainant and other victims, asking her to become his girlfriend, wrapping
his arm around her waist, and poking her side.
Although the accused denied committing sexual harassment against staffs, the
complainant visited another complainant, who was on maternity leave, and felt her waist,
remarking that he needed to check she lost weight after childbirth. Furthermore, in a
karaoke where a company gathering took place he forced the complainant to sit on his
wheelchair handrail and touched her waist and buried his face in her back. The
Commission deemed that such acts are enough to cause sexual humiliation from the
reasonable standpoint of any normal women. Unwanted physical contacts made, regardless
of the other party's intention or order to become his girlfriend, could sufficiently result in
sexual humiliation from the reasonable standpoint of a normal woman. Moreover, the
accused told female staffs "Let's hug, let's hold hands" and kissed their faces and put his
hand into their pockets and pulled them toward him. Such acts cannot reasonably be
considered comments and conducts generally made by a supervisor and such acts by a
Chapter 4. Investigations and Remedies: Discriminatory Acts
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