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.
Case of Liabilities for Sexual Harassment, Forced Drinking, Etc. 2006Na109669