Useful Info

Under the Equal Employment Opportunity Act, workplace sexual harassment refers to
a situation where an employer, supervisor, or employee uses their workplace position or engages in sexually suggestive speech or actions related to work, causing another employee to feel sexual humiliation or disgust, or imposing disadvantages such as dismissal or personnel transfer due to refusal to accept such sexual speech or other demands. According to this, only employers, supervisors, colleagues, and subordinates can be perpetrators; however, the Act on the Prohibition of Gender Discrimination and Relief expands the scope to include heads and employees of public institutions, business partners, and other work-related individuals as potential perpetrators of sexual harassment. The Ministry of Employment and Labor categorizes workplace sexual harassment criteria into physical acts, verbal acts, visual acts, etc., with examples including physical contact, sexual metaphors or evaluations of appearance, showing obscene photos or drawings, etc., as typical cases. Employers must provide education to prevent workplace sexual harassment, take disciplinary actions against perpetrators if it occurs, and must not impose any disadvantages on victims.
▶Article 2, Paragraph 2 of the Equal Employment Opportunity Act: 'Workplace sexual harassment' under this Act means an employer, supervisor, or employee using their workplace position or, in connection with work, causing another employee to feel sexual humiliation or disgust through sexual speech or actions, or imposing employment disadvantages due to refusal of such sexual speech or other demands.
▶The defendant, as a professor, used their position with authority to direct and supervise the plaintiff and recommend reappointment, persistently and continuously engaging in speech revealing sexual intent over a period for sexual gratification. This exceeded the level of simple jokes or friendly and suggestive speech acceptable in everyday social norms, reaching the extent of causing the plaintiff to feel sexual humiliation or disgust, thereby infringing on the plaintiff's personality rights and violating good morals or social order, constituting sexual harassment (June 25, 1999, Seoul High Court 98Na12180).