3-Month Suspension Challenged in Lawsuit
Court: "Suspension Discipline Is Justified"
A male employee in his 30s at the National Health Insurance Service (NHIS) who committed sexual harassment and made sexually inappropriate remarks during a drinking party with a female employee from a branch under the headquarters jurisdiction filed a lawsuit in protest against a three-month suspension, but the court ruled that the disciplinary action was appropriate.
According to the legal community on the 7th, the Civil Division 1 of Wonju Branch of Chuncheon District Court (Presiding Judge Lee Su-woong) ruled against the plaintiff Mr. A (36) in his lawsuit seeking to nullify the suspension filed against the National Health Insurance Service.
Mr. A, who was a Grade 5 assistant manager at a regional headquarters of NHIS, took Ms. B, a Grade 6 supervisor working at a branch under the headquarters jurisdiction, to a private office he shared with a friend on January 7 last year. During the drinking and singing session, he committed sexual harassment and sexual violence against Ms. B. Ms. B filed a complaint regarding sexual harassment and sexual violence against Mr. A in June of the same year.
As a result of the investigation, it was found that Mr. A wrapped his arms around Ms. B’s waist and made physical contact despite her refusal. He then made a remark saying, "I touched you and it’s nothing special."
The disciplinary committee judged in August of that year that Mr. A’s behavior constituted sexual harassment and sexual violence and decided on dismissal. Mr. A, dissatisfied with the decision, requested a retrial, and the Central Disciplinary Committee accepted it and reduced the disciplinary level to a three-month suspension. Nevertheless, Mr. A filed a lawsuit in January claiming, "The facts of the misconduct in this case differ from reality, and there is no comprehensive work-related connection with the victim, so it does not constitute sexual harassment."
The court judged that Mr. A and Ms. B only knew each other through work-related inquiries via the company messenger and that the incident in question was only their second face-to-face meeting. It also noted that Ms. B had rejected Mr. A’s drinking invitations several times and, based on KakaoTalk conversations and other evidence, it was reasonable to see the misconduct as an extension of work performance.
The court stated, "Although Mr. A frequently communicated with Ms. B by phone and messenger, and much of the content was unrelated to work and involved daily life, it cannot be said that their friendship was close enough to tolerate the misconduct in this case." It added, "Considering that Mr. A admitted his wrongdoing and showed remorse, and voluntarily took education to improve gender sensitivity, the plaintiff’s claim that the suspension decided in the retrial was an abuse of discretion and invalid is rejected."
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