Kang Nanhee Loses Final Appeal
in Lawsuit Against Human Rights Commission
The Supreme Court has finalized a ruling that acknowledges former Seoul Mayor Park Wonsoon sexually harassed a subordinate employee.
According to the legal community on June 7, the Supreme Court's Special Division 2 (Presiding Justice Oh Kyungmi) on June 5 dismissed the final appeal by Park's wife, Kang Nanhee, thereby upholding the lower court's ruling against her in a lawsuit seeking to overturn a recommendation by the National Human Rights Commission of Korea.
Park was found dead near Sukjeongmun Gate on Mount Bukak in Seoul in July 2020. It was later revealed that he had been accused of sexual assault by a subordinate employee of the Seoul Metropolitan Government.
The police closed the case in December of the same year due to Park's death.
In January 2021, the Human Rights Commission concluded through an ex officio investigation that Park had engaged in conduct constituting sexual harassment, including sending inappropriate messages and photos to the victim late at night. The commission decided to recommend that the Seoul Metropolitan Government, the Ministry of Gender Equality and Family, and the Governors Association of Korea implement measures for improvement.
In April of that year, Kang filed a lawsuit to overturn the commission's decision, arguing that "the commission branded the deceased as a criminal based solely on the victim's claims." However, the court found that Park had engaged in conduct constituting sexual harassment.
In November 2022, the court of first instance ruled, "Park's actions caused the victim sexual humiliation or discomfort, so it can be recognized that the victim was sexually harassed," and "there was no abuse of discretion in the commission's recommendation for victim relief and institutional improvement."
The appellate court also dismissed Kang's appeal in February of this year. The court stated, "Since sexual harassment is recognized, there is no substantive defect or illegality in the Human Rights Commission's decision to recommend necessary measures for victim relief and prevention based on that finding."
Kang's side appealed once again, but the Supreme Court dismissed the case without a full hearing, finalizing the ruling.
Kim Jaeryeon, the attorney who represented the victim in Park's case, wrote on Facebook that day, "Ironically, the administrative lawsuit filed by the bereaved family held great significance for the victim," adding, "Although the perpetrator could not be brought before a criminal court due to his unilateral decision, the perpetrator's actions were brought before the court and properly judged."
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