. This is an exceptional judgement because compensation for damages was recognized for sexual harassment between members of the same sex. (image courtesy of Artemis-Twitches (Creative Commons))
Seoul, July 14 (Korea Bizwire) — A court has ruled that a female boss who sexually harassed a new female employee should pay reparations. This is an exceptional judgement because compensation for damages was recognized for sexual harassment between members of the same sex.
Shin Young-hee, a Civil judge at the Seoul Central District Court, stated that “The defendants pay 5,000,000 won to the plaintiff” regarding the lawsuit employee “A” (female, single) filed against her superior “B” (female). A claimed to have suffered from the insulting comments of her boss B.
On the new employee’s first day of work at the research center, B lectured A to wear appropriate clothes and hair saying, “Did you ever give birth? Why do you have so much new hair? It’s just like a woman who gave birth.”
The next day B picked out an atopy scar on A’s neck and asked her, “What’s this on your neck? Were you with a man last night?”
The next day A had a chance to meet with another superior to sign her employment contract. She spoke of the comments B made and tried to negotiate her salary. But the research center refused to negotiate, and B called another applicant to come in for an interview. A immediately quit her job, and after 4 months passed, she informed personnel about B’s harassment.
The research center accepted A’s complaint and B was reprimanded. B met A and apologized afterwards, but A did not accept the apology, and sued B. B got a summary order to pay 700,000 won to A for contempt.
A also filed a lawsuit against the research center and B demanding 30,000,000 won in compensation. The court admitted the liability of the research center and B to make reparations for the charges.
Judge Shin says, “The defendants have exceeded the criteria of jokes and humor allowed within social convention. This has made the plaintiff feel humiliated and mortified, and at the same time lowered her social evaluation, violating her moral rights.”
The research center argued that they were not guilty, as they have provided their employees with sexual harassment prevention education every year, and took immediate and proper measures after A filed a complaint.
But judge Shin wrapped up the case by saying, “Since the plaintiff suffered from the words and acts of B, the defendant is obligated to at least console the pain in monetary terms.”
By Francine Jung (francine.jung@kobizmedia.co.kr)
