Since its establishment in November 2001, the National Human Rights Commission of Korea (NHRCK) has received 226 complaints against sexual harassment and brought 204 complaints to conclusion. Of the settled complaints, the Commission effected substantive relief regarding 90 complaints (about 83% of the cases investigated by the NHRCK) by such means as issuance of recommendations and settlement by agreement. Another 96 complaints were dismissed or remanded on grounds that they did not fall under the scope of investigation. Of the complaints received, 193 (85.4%) concerned sexual harassment in the workplace. Statistics show that most sexual harassment cases occurred in the context of employment or business relations and that sexual harassment constitutes violations of workers' labor and personal rights.
Under the National Human Rights Commission of Korea Act, sexual harassment is a sexually-suggestive comment or act by employers, employees or workers of public sectors in abuse of their power or in connection with business affairs that causes a sense of sexual humiliation or disgust in the victims or any disadvantage to the victims in employment due to refusal to respond to such sexually-suggestive language or other demand. In consideration of the very deep cultural roots of sexual harassment in Korean society and the impact of sexual comments and/or behavior on employment relations or public life, the Commission applies a broad interpretation on what constitutes sexual harassment and the persons who must be subject to applicable regulation.
One of the relevant interpretative issues is from whose perspective to judge whether an act constitutes sexual harassment. The NHRCK applies the principle of the 'perspective of a reasonable woman' (No. 06 Jincha 401, 06 Jincha 465, and 07 Jincha 89). In determining whether a sexual remark against which a complaint was filed constitutes sexual harassment, the Commission primarily considers the perspective of the victim, not the accused. The Commission also assesses any damages caused by such unwanted act based on the emotional condition of the victim, not the intent or motive of the person who committed the sexual harassment, which means that whether such act causes the victim to experience sexual humiliation or degradation is important. However, In addition to the subjective perspective of the victim, the NHRCK also considers the perspective of reason, namely how an individual would feel and react to sexually suggestive comments or behavior in the context of socially accepted notions. In sum, the Commission comprehensively takes into account all relevant factors in determining whether the alleged behavior constitutes sexual harassment in light of the actual occurrence of a sexual comment or behavior, type and nature of the alleged sexual harassment, relationship between the accused and victim, frequency and severity of the alleged sexual harassment, feelings of or actual damage to the victim, circumstances surrounding the alleged act of sexual harassment, environment at work, etc. from the perspective of reason.
Women's organizations note that sexual violence, ranging from slight sexual harassment to rape, is still rampant in Korean society. Preventing sexual harassment is more important than resolving reported cases of sexual harassment. In 2006, to raise awareness of the issue, the Commission produced and distributed 10,000 posters and brochures to appropriate organizations, schools, and institutions. This issue will only be resolved in Korean society when the NHRCK as well as schools, private businesses, public agencies, and other organizations exert greater efforts to prevent sexual harassment and conduct appropriate education on sexual equality. The Commission hopes that this collection of relevant sexual harassment decisions will further such efforts.
