Even in a job where the hierarchical order was not strict, the Supreme Court ruled that if the boss ignored his junior's rejection and repeated sexual jokes, he would have to look at it as a molestation.

Supreme Court Division 3 (Judge Noh Tae-ak, chief judge) said that he broke the centrifuge convicted of A (40) who was accused of violating the Special Act on the Punishment of Sexual Violence, etc. .

Manager A, who works for a small business, was found to have frequently sexually joked with new employee B (26).

As a result of the prosecution investigation, Mr. A even showed pornography directly on his computer.

One month from October 2016, the office said to Mr. B, "I like the makeup. Why is it so moist?" And rubbing the tip of Mr. B's hair with his finger, "Do you feel like touching here?" It was investigated.

In response, Mr. B said, "Don't do it."

It was also investigated that Mr. B gave work orders immediately before leaving work to work overtime or to leave other people's work.

The judges of the first and second trials judged that Mr. A's behavior was difficult to be viewed as 'powerful harassment' due to the fact that Mr. B was making fun of Mr. A and that the hierarchical order in the workplace was not strong and that the office structure was open. I did.

But the Supreme Court's judgment was different.

The judiciary judged, "Here, 'the power' does not actually require that the victim's free will be subdued, and that the harassment is against good sexual morality."

Then he judged, "It was a sexual harassment against a doctor that violated the victim's sexual freedom, and it was deserved to be regarded as an act of molestation beyond moral condemnation by the public."