"You Need My Permission to Date a Boyfriend"… Supreme Court Upholds Dismissal of Seoul National University Professor for Sexual Harassment and Abuse of Power

Excessive Control Over Graduate Students and Assignment of Non-Research Tasks
Supreme Court: "Dismissal Not Excessive... Disciplinary Action Justified"

The Supreme Court has ultimately rejected the lawsuit filed by a former full-time professor at Seoul National University who was dismissed for sexual harassment and abuse of power against students, seeking to overturn the dismissal.

According to legal sources on the 17th, the Supreme Court's Third Division (Presiding Justice Noh Kyung-pil) upheld the lower court's decision in the case where Professor A filed a lawsuit to overturn the decision of the Teacher Appeals Review Committee to reject his appeal against the dismissal, thereby finalizing the ruling against the plaintiff.

A former full-time professor at Seoul National University who was dismissed for sexual harassment and abuse of power against students filed a lawsuit to overturn the dismissal, but the Supreme Court has ultimately rejected the case.

Regarding the legality of evidence, which was one of the key issues in the case, the court ruled that even if the victim's side had accessed the Seoul National University portal account without authorization and captured some emails, such actions do not automatically render the evidence inadmissible in administrative litigation, as opposed to criminal proceedings. The Supreme Court added, "This is insufficient to serve as grounds for recognizing procedural flaws or the illegality of the disciplinary action."

The court also acknowledged that some of the disciplinary grounds were not substantiated. However, it found no legal error in the lower court’s judgment that the remaining charges alone were sufficient to justify the dismissal.

Investigations found that, while at Seoul National University, Professor A sent emails to graduate students instructing them to "show proper manners by serving like a shadow next to your advisor," and made intrusive remarks such as "You need my permission to date a boyfriend." It was also confirmed that he repeatedly assigned students tasks unrelated to lectures or research, such as cleaning the lab and handling personal errands.

The Seoul National University Human Rights Center investigated Professor A's conduct in 2018 to determine whether it constituted human rights violations, sexual harassment, or sexual violence, and recommended severe disciplinary action to the university president at the end of that year. As a result, Professor A was dismissed in August 2019.

Professor A appealed to the Teacher Appeals Review Committee, but his appeal was rejected, leading him to file a lawsuit. In the first trial, the court ruled in favor of the plaintiff, considering the acquittal on sexual violence charges and the fact that some evidence had been collected illegally, judging the dismissal to be excessive. However, the appellate court ruled against Professor A.

The appellate court stated, "Even though Professor A was acquitted of sexual violence, his separate sexually harassing remarks, inappropriate conduct, and unfair instructions and control over graduate students are sufficient grounds for disciplinary action," adding, "Such actions constitute abuse of power."

The Supreme Court found no fault in the appellate court's decision, dismissed Professor A's appeal, and concluded that Seoul National University's dismissal was ultimately justified.