Supreme Court: "Boss who touched female employee's hair sexually harassed her... Should be considered workplace power harassment"

[Asia Economy Reporter Kim Hyung-min] The Supreme Court has ruled that even in a non-coercive and open environment, if a workplace superior repeatedly makes sexual jokes despite a junior's refusal, it should be regarded as sexual harassment by abuse of authority in the workplace.

The Supreme Court's 3rd Division (Presiding Justice Noh Tae-ak) overturned the lower court's acquittal of A (40), who was charged with violating the Special Act on the Punishment of Sexual Violence Crimes (sexual harassment by abuse of authority in the workplace), and remanded the case to the Seoul Western District Court on the 31st.

The court stated, "'Authority' does not necessarily require that the victim's free will be realistically suppressed, and sexual harassment is an act contrary to sound sexual moral standards," adding, "Sexually harassing behavior that is clearly against the victim's will infringes on the victim's sexual freedom and can be evaluated as sexual harassment beyond moral condemnation from a general public perspective."

A manager A, who worked at a small and medium-sized enterprise, frequently made sexual jokes to a new employee B (26). He even showed obscene materials directly on his computer.

From October 2016 for about a month, in the office, he said to B, "I like your makeup. Why are you so moist today?" and rubbed the ends of B's hair with his fingers, asking, "Does it feel when I touch here?"

Although B said, "Stop it," and "It's unpleasant," A's behavior did not change. Rather, he gave B work instructions just before leaving and made her work overtime or passed on others' tasks.

The first trial court acquitted A, reasoning that B also played pranks on A, the workplace hierarchy was not strong, and the office structure was open, making it difficult to see A's behavior as 'sexual harassment by abuse of authority.'

The second trial court upheld the first trial court's ruling, agreeing with its judgment.