Late Park Won-soon's Sexual Harassment Appeal Also Upheld... "No Issues with Human Rights Commission Decision"

"Lawsuit Filed for 'Stigmatizing as a Criminal'
Plaintiff Loses... Same as First Trial
'Sexual Harassment Recognized... Not Considered Illegal'"

Court. Asia Economy DB

A ruling has been made recognizing that the late Park Won-soon, former mayor of Seoul, sexually harassed a subordinate employee.

On the 13th, the Seoul High Court Administrative Division 9-1 (Presiding Judges Kim Mu-shin, Kim Seung-ju, and Jo Chan-young) ruled in the appeal trial of a lawsuit filed by Park’s wife, Kang Nan-hee, against the National Human Rights Commission of Korea (NHRCK), demanding the cancellation of a recommendation decision, upholding the first trial’s ruling in which the plaintiff lost.

Similar to the NHRCK and the first trial, the second trial recognized that former Mayor Park committed sexual harassment. The court stated, "Since sexual harassment is acknowledged, there is no substantial defect in the NHRCK’s decision to recommend necessary measures for relief and prevention of sexual harassment based on this judgment, and it cannot be considered illegal."

At the 'Second Press Conference on the Sexual Violence Case by the Seoul Mayor' held at an undisclosed location in Seoul in July 2020, complainants' representatives including Kim Jaeryeon, lead attorney of the law firm On-Sesang, attended. From the left: Go Mikyung, Executive Director of Korea Women's Hotline; Kim Jaeryeon, Lead Attorney of the law firm On-Sesang; Song Ranhee, Secretary General of Korea Women's Hotline; Kim Hyejung, Deputy Director of Korea Sexual Violence Counseling Center; Lee Mikyung, Director of Korea Sexual Violence Counseling Center. Photo by Kang Jinhyung

Former Mayor Park was found dead near Sukjeongmun at Bukaksan Mountain in Seoul in July 2020. Afterwards, it became known that he had been accused of sexual assault by a subordinate Seoul city official. The police closed the investigation in December of the same year without resolving the allegations due to Park’s death.

However, in January of the following year, the NHRCK conducted an ex officio investigation and determined that "it is recognized that former Mayor Park engaged in sexually harassing behavior, such as sending inappropriate messages and photos to the victim late at night." Accordingly, the commission resolved to recommend improvement measures to the Seoul Metropolitan Government, the Ministry of Gender Equality and Family, and the Korea Association of Provincial Governors.

In April of the same year, Kang filed a lawsuit claiming, "The NHRCK stigmatized the deceased as a criminal by only listening to the victim’s claims." In November 2022, the first trial court ruled, "It can be recognized that former Mayor Park’s actions caused the victim sexual humiliation or discomfort, and thus the victim was sexually harassed," and "there was no abuse of discretion in the NHRCK’s recommendation decision for victim relief and institutional improvement."