Criminal Liability and Defense Strategies for Workplace Sexual Harassment
Legal Standards and Assessment Factors for Criminal Penalties in Workplace Sexual Harassment
Workplace sexual harassment is clearly defined under the Act on Equal Employment Opportunity and Work–Family Balance Assistance.
It refers to sexual remarks or conduct that exploit one’s position or work-related authority to cause sexual humiliation or offense to another person, or any disadvantage imposed on an individual for refusing to comply with such conduct.
The key issue is that not all cases are resolved through internal disciplinary measures. Depending on the severity and nature of the conduct, the level of criminal penalties for workplace sexual harassment may extend beyond administrative sanctions and result in criminal liability.
There are many cases in which conduct perceived by the offender as “mere remarks” has been evaluated very differently by investigative authorities and courts. For this reason, it is critical to identify and secure evidence favorable to your position at an early stage.
Scope of Criminal Penalties When the Case Escalates to Criminal Charges
When workplace sexual harassment exceeds a certain threshold, it may be classified as a criminal offense under the Criminal Act or the Act on Special Cases Concerning the Punishment of Sexual Crimes.
First, indecent acts involving assault or intimidation may constitute forcible molestation, punishable by up to 10 years of imprisonment or a fine of up to KRW 15 million.
In practice, there are numerous court decisions finding supervisors guilty for repeated physical contact or unwanted physical conduct accompanied by verbal remarks.
In addition, indecent acts committed by abusing authority or influence arising from one’s occupational position may be punished under Article 10 of the Sexual Crimes Punishment Act, with penalties of up to 3 years’ imprisonment or a fine of up to KRW 15 million.
Depending on the content and manner of sexual remarks, related charges such as defamation or insult may also arise.
Accordingly, criminal penalties for workplace sexual harassment are not limited to fines. They may include serious ancillary consequences such as sex offender registration and mandatory completion of sexual violence treatment programs. These cases should never be taken lightly.
Sentencing Factors Considered During Investigation and Trial
Courts consider multiple factors comprehensively when determining sentencing in criminal cases involving workplace sexual harassment.
Aggravating Factors
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Abuse of workplace authority or position, indicating a high degree of culpability
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Significant sexual discomfort and psychological harm suffered by the victim
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Secondary harm, such as the victim resigning from employment
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Failure to obtain forgiveness or settlement with the victim
Mitigating Factors
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Admission of the offense and genuine remorse
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Settlement with the victim and the victim’s expressed intent not to seek punishment
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No prior criminal record
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Relatively minor degree of physical or verbal misconduct
Ultimately, the level of criminal penalties for workplace sexual harassment can vary significantly depending on early-stage 대응 and legal strategy. Errors in judgment at this stage may result in irreversible consequences.
Legal Support and Defense Strategy by Decent Law Firm
For individuals facing anxiety and uncertainty due to allegations of workplace sexual harassment, accurate legal 대응 is a critical starting point to regain control of the situation.
Decent Law Firm provides structured, step-by-step legal assistance, including fact-finding analysis, evidence organization, 대응 to internal investigations and disciplinary procedures, and defense in criminal proceedings.
In cases where workplace sexual harassment may escalate into criminal liability, effective defense strategies—such as early-stage interview and statement planning, identification of mitigating sentencing factors, and assessment of settlement possibilities—are essential.
Inaction or complacent judgment can lead to severe outcomes, including criminal punishment and irreparable career damage. This risk should not be underestimated.
Workplace sexual harassment cases directly affect an individual’s reputation and livelihood. If such a situation arises, do not make decisions alone. Seek the assistance of experienced legal professionals to respond calmly, strategically, and effectively.
