Government Official Who Put Workplace Colleague's Body Fluid in Tumbler... Court Rules "Dismissal Justified"

[Asia Economy Reporter Kwak Min-jae] A public official who was dismissed after repeatedly putting his bodily fluids into a colleague's tumbler filed a lawsuit challenging the disciplinary action but lost in the first trial.

On the 26th, according to the legal community, the Seoul Administrative Court Administrative Division 2 (Chief Judge Shin Myung-hee) ruled against plaintiff A in the dismissal cancellation lawsuit filed by the public official.

A took a female colleague's tumbler or water bottle to the restroom and put or smeared bodily fluids on six occasions, and after these acts were discovered, he was dismissed in February 2021. In April of the same year, he was fined 3 million won by the court for property damage.

After the ruling, A claimed that it was an act of property damage, not sexual harassment, and requested the cancellation of the dismissal. In particular, he argued that "the choice of any device used during masturbation falls under sexual freedom, which is part of sexual self-determination rights and the pursuit of happiness."

In response, the court rejected A's claim, stating, "Acts that cause sexual humiliation or disgust to the other party constitute sexual harassment." The court emphasized, "This case, which involved sexual objectification of a specific workplace colleague, cannot be seen as merely a personal sexual matter belonging to the plaintiff's sexual self-determination rights and pursuit of happiness."

The court further pointed out, "This is a serious and repeated misconduct to an extent that damages not only the plaintiff himself but also the public's trust in the public service community."