The Plaintiff was hired by Company and placed in the marketing team of the marketing division. The Defendant served as the chief of the marketing division and the marketing team. On several occasions, the Defendant inappropriately touched the Plaintiff’s shoulders, legs, and breasts at work and work events. Additionally, the Defendant forced the Plaintiff to drink liquor on several occasions despite the Plaintiff informing the Defendant that she could not drink as a result of a stomach illness. At work and dinner parties, the Defendant often required the Plaintiff to sit next to him and often placed his arm around the Plaintiff’s waist. The Seoul High Court determined that the Defendant’s sexual actions violated the Act on the Punishment of Sexual Crimes and Protection of Victims Thereof, after considering factors such as the respective ages of the parties and their relation to one another, the location of the behavior, the existence of a sexual motive, the degree of the behavior, and the frequency of such behavior. In making a determination of unlawful conduct, it must be established that such behavior contravened social customs and order. Applying this standard to the facts of this case, the court found that the Defendant frequently touched the Plaintiff’s neck, shoulder, breasts, and waist at the workplace and at social events. Noting that the Defendant supervised and controlled the Plaintiff at work, the court found there was a clear sexual motive as the conduct was frequent and continuous over time and such conduct embarrassed and humiliated the Plaintiff. Consequently, the Defendant’s behavior violated the Plaintiff’s personal rights and was against societal norms and customs. In addition, the court found that the Defendant violated the law by forcing the Plaintiff to drink against her will. Therefore, the court awarded the Plaintiff damages of 30 million won with 5% interest per annum.
Women and Justice: Keywords
Domestic Case Law
Case of Liabilities for Sexual Harassment, Forced Drinking, Etc. 2006Na109669 Seoul High Court (2007)
Teresita G. Narvasa v. Benjamin A. Sanchez, Jr. Supreme Court of Philippines (2010)
The respondent was found guilty of grave misconduct for sexually harassing his co-workers and was dismissed from Government service. The appeals court modified the ruling, finding him guilty of simple misconduct for which dismissal was not warranted. The Supreme Court reinstated the finding of grave misconduct, finding that the respondent’s actions were intentional, and since this was the third time he had been penalized for sexual harassment, dismissal was warranted.
Angelica Rangi Ngapera v. Gerry Reddick Human Rights Review Tribunal (2004)
The plaintiff worked at a motel. She alleged that her manager made offensive comments to her and spread rumors about her in the community. The court found that the plaintiff suffered a detriment in the course of her employment under the Human Rights Act.
EN v. KIC Human Rights Review Tribunal (2010)
The plaintiff was employed at a bakery. After working there for several years, the bakery was acquired by new owners, including the defendant. The plaintiff claimed that the defendant made unwanted comments and physical overtures in the workplace, eventually causing the plaintiff to leave the job. The plaintiff claimed that the harassment caused humiliation, injury to feelings, and loss of dignity. The Tribunal found that the plaintiff was the victim of unlawful sexual harassment under the Human Rights Act and awarded damages. The Tribunal also ordered the defendant to attend a training session on sexual harassment in the workplace. The Tribunal noted that the case “demonstrates the dangers of running a business without any understanding of the provisions of the HRA relating to sexual harassment, and with no insight whatsoever that some behaviours can be unwelcome to others no matter how innocent they may be thought by the perpetrator to be.”
DML v. Montgomery Human Rights Review Tribunal (2014)
The plaintiff was a sex worker providing commercial sexual services at a brothel. She alleged her manager had violated the Human Rights Act 1993 by subjecting her to repeated unwelcome and offensive sexual conduct detrimental to her employment. The Tribunal found for the plaintiff, and further found that the owner of the brothel was vicariously liable for the employee’s actions.
Trina Williams v. Pacific Plastic Recyclers Limited Human Rights Review Tribunal (2004)
The plaintiff alleged that she was a victim of sexual harassment by an employee of the defendant. She received a settlement from the employee. In exchange, she agreed not to pursue her claim against him, and not to call him as a witness. At issue was whether the company could be held separately liable, and if it was liable, whether the plaintiff had released her claims against the company in her settlement with the employee. The Tribunal found that the company had individual liability due to the fact that it lacked a demonstrated harassment policy and thus did not take reasonably practicable steps to prevent the harassment. It held, however, that the settlement already reached was sufficient compensation for the harassment that she suffered. As to any other remedies, as such remedies were not provided in the settlement, the Tribunal could not determine whether the company had been released with respect to such remedies.
Ng Shiu v. Mohammed Naseeb Human Rights Review Tribunal (2004)
The plaintiff and the defendant were both taxi drivers. The plaintiff claimed the defendant harassed her with phone calls and unwanted and offensive touching. The court was not satisfied that the events that took place gave rise to any tenable claim of sexual harassment. The court found that for a short period at and about the time that the defendant was making contact with the plaintiff, she did suffer from a level of anxiety while at work, which was sufficient to constitute a ‘detrimental effect’ to her employment under the Human Rights Act.