Supreme Court: "Touching an Employee's Thigh at a Company Dinner Constitutes Forced Molestation Even Without Immediate Refusal"

[Asia Economy Reporter Kim Hyung-min] A man who was acquitted in the second trial after being charged with touching a subordinate's thigh at a company dinner was found guilty in the Supreme Court's final appeal.

The Supreme Court's 3rd Division (Presiding Justice Lee Dong-won) overturned the acquittal verdict in the appeal trial of A (52), who was charged with forcible molestation, on the 26th and remanded the case to the Changwon District Court.

The court pointed out, "There is no basis to consider that the victim implicitly consented to the physical contact by defendant A," and emphasized, "Since the atmosphere was one of enjoying leisure at a karaoke room after the company dinner, it should not be easily concluded that the victim agreed to the defendant's actions or that the defendant's actions did not go against the victim's will simply because the victim did not immediately express refusal."

Furthermore, the court ruled, "The act of touching the victim's thigh, a part where a female victim could feel sexual shame or disgust, was committed against the victim's will and constitutes molestation that infringes on the victim's sexual freedom."

A, who ran a beauty business, was brought to trial on charges of touching B's right thigh during a company dinner at a karaoke room in Miryang City in 2016, saying, "Isn't working difficult? If you have any hardships, speak up." It was also investigated that A suddenly kissed B on the cheek.

The first trial recognized A's guilt and ordered a fine of 5 million won and 40 hours of sexual violence treatment program.

However, the second trial overturned the verdict to acquittal, stating, "Criminal law distinguishes between forcible molestation by assault or intimidation, molestation by coercion, and simple molestation," and "For the crime of forcible molestation to be established, there must be an exercise of physical force (physical power causing bodily pain) that can be evaluated as an assault act, but A's act of touching part of the victim's body is difficult to recognize as an exercise of physical force."