'Bad Hands' That Touched Female Patient's Body... Physical Therapist Given Suspended Sentence in Appeal Trial

Acquittal in 1st Trial → Conviction in 2nd Trial... "Physical Contact Beyond Treatment Scope" Judgment

[Asia Economy Honam Reporting Headquarters Reporter Park Jin-hyung] A physical therapist in his 30s was sentenced to a suspended prison term in the appellate court for sexually harassing a female patient at a hospital in Yeosu-si, Jeollanam-do.

According to the legal community on the 22nd, the Gwangju District Court’s 2nd Criminal Division (Presiding Judge Kim Jin-man) overturned the original not guilty verdict and sentenced Mr. A, who was charged with sexual harassment using his authority at work, to 8 months in prison with a 2-year suspension.

He was also ordered to complete a 40-hour sexual violence treatment program and was banned from employment at child and youth welfare institutions for 3 years.

Mr. A was prosecuted on charges of touching specific parts of a female patient in the treatment room of the hospital around May 2019 and making sexually harassing remarks such as, "Have you ever had ××× with your boyfriend?"

The first trial court acquitted him on the grounds that the evidence submitted by the prosecution alone could not be evaluated as an act infringing on the victim’s sexual self-determination rights.

However, the appellate court stated, "Typical manual therapy is mostly performed by palpating over the patient’s clothes," and judged that "(the defendant’s actions) exceeded that scope considering that contact with the patient’s bare skin or exposing body parts is minimized."

It added, "As a physical therapist, he had a duty of care for the patient’s safety and health, but he committed sexual harassment under the pretext of treatment. The nature of the crime is very serious," explaining the sentencing rationale.