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Supreme Court ruled that even if an investigative agency was not accused of a sexual harassment incident on campus, the school's separate discipline was justified.

It is intended that even if there is insufficient evidence to hold criminal responsibility, disciplinary action may be imposed according to the standards set by the school.



This is reporter Son Hyung-an.



<Reporter>



In June 2018, Seoul National University graduate student A took a drunken junior B to a motel and made inappropriate physical contact.



Since then, Mr. B reported that this behavior was sexual violence unrelated to his or her intention, and reported Mr. A to the human rights center in the university and also filed a criminal complaint.



However, the prosecution at the time said that Mr. B could not be seen as incapable of protest and dismissed the charges against the complaint.



On the other hand, the on-campus human rights center voted for disciplinary action, claiming that Mr. A's behavior meets the rules of sexual harassment and sexual violence, and the final nine-month suspension was confirmed.



Accordingly, Mr. A filed a lawsuit in the court asking for the annulment of the school discipline.



The first trial court ruled that the disciplinary action against Mr. A was invalid, saying that physical contact was made with the implied consent on the basis of the innocence.



However, the second trial court overturned this.



Mr. A's actions met the standards of sexual violence of the Seoul National University Human Rights Center, and he judged that the disciplinary standards were independent of whether or not a sexual offense was established.



The Supreme Court also admitted the judgment of the second trial and confirmed that A's discipline was justified.



[Namseonmi / Supreme Court Researcher: The ruling was convinced of the centrifugal and we believe that the plaintiff acts disciplinary reasons exist that sexual harassment set out in the Center for Human Rights provisions of the defendants]



The Supreme Court of another victim stated that law enforcement agencies are determined to be cleared He added that we should not take the credibility lightly or judge the victim's consent based on the likeness of the victim.



(Video coverage: Seo Jin-ho, Video editing: Jo Moo-hwan)