Employer and staff who pulled part-time worker's underwear tight against buttocks claimed it was a "play culture"

"There's Our Own Play Culture," Forced Molestation
"An Act of Exercising Power... Caused Sexual Humiliation"
Appealed Against First Trial Verdict

The restaurant owner and an employee were sentenced for sexual assault after forcibly pulling on the pants and underwear of a teenage part-time worker, causing contact with the buttocks and genitals.

According to the legal community on the 20th, the Criminal Division 1 of the Yeongwol Branch of Chuncheon District Court (Presiding Judge Lee Min-hyung) sentenced A (35) and B (27), who were indicted for violating the Act on the Protection of Children and Juveniles from Sexual Abuse (sexual assault by deception, etc.) and the Special Act on the Punishment of Sexual Crimes (sexual assault by abuse of authority in the workplace), to two years in prison with a three-year probation. They were also ordered to attend 40 hours of sexual violence treatment lectures.

A, who runs a restaurant in Pyeongchang, Gangwon Province, and B, A’s brother-in-law and employee, were tried on charges of jointly sexually assaulting C (17), a short-term part-time worker, three times and individually once each in the restaurant kitchen from August 5 to 21, 2022. A and B proposed to C, saying, "This is our own play culture, so let's try it." However, despite C’s refusal, they forced him to hold onto the kitchen shelves and refrigerator with both hands, then forcefully pulled up his pants and underwear from behind, causing the underwear to press against his genitals and buttocks.

It was revealed that they exploited the fact that C had worked at the establishment for less than a week and could not easily refuse their demands. In court, A and others denied the charges, claiming, "It is a game popular among the younger generation and just a joke," and "There was no sexual intent, so we did not use authority to sexually assault, nor did we have the intent to assault."

However, the court ruled, "The defendants have an age gap with C, a significant physical difference in appearance, and as the restaurant owner, had the authority to decide C’s employment relationship. Therefore, it can be evaluated that they exercised authority in this act." The court added, "The victim expressed feelings of sexual shame by saying things like 'I’d rather be hit,' so even if the defendants had no sexual intent, their actions constitute sexual assault, and intent is reasonably recognized."

Currently, A and B have appealed the first trial verdict. The second trial will be held at the Chuncheon branch of the Seoul High Court.