To Clear an Allegation of Indecent Assault by Force Against a Workplace Superior, Do 'This'!

If you are reading this article, you may be someone who has been reported for 'sexual harassment' as a workplace superior and charged with the offense of 'indecent assault by abuse of occupational authority.'

'Sexual harassment' can be punished under various charges depending on the victim, location, and circumstances of the incident, including indecent assault, indecent assault against a minor, indecent assault in a crowded public place, or indecent assault by abuse of occupational authority.

In particular, if a workplace superior committed an act of indecency against an employee within the company or at a work-related dinner gathering, it is essential to establish a thorough response strategy early on to avoid excessive punishment.

You are likely already aware, from reading our blog, that in criminal cases, the sooner preparation begins, the higher the likelihood of a favorable resolution, and that the outcome of the judgment can depend heavily on how the initial statement is made.

As LAWFIRM LEAP is staffed with specialized attorneys who have worked at large law firms and as police officers, we understand the perspective of the police better than anyone and can propose the best strategy for making a favorable case during the investigation stage.

Today, we will discuss how to respond when accused of sexual harassment by a workplace superior in order to minimize legal punishment and reduce internal disciplinary action.

01Indecent Assault Against a Workplace Superior: What Is the Level of Punishment for the Offense of Indecent Assault by Abuse of Occupational Authority?

'Sexual harassment' in the workplace refers to an act in which a business owner, superior, or fellow employee uses their position within the workplace, or makes sexual remarks or takes sexual actions in relation to work, causing the other person to feel sexual humiliation or aversion.

If, beyond repeated sexual remarks or conduct, physical contact was made along with a demand, or if the person suffered employment disadvantage for refusing to comply with such a demand,

this constitutes the offense of indecent assault by abuse of occupational authority under the Act on Special Cases Concerning the Punishment of Sexual Crimes.

Act on Special Cases Concerning the Punishment of Sexual Crimes, Article 10 (Indecent Assault by Abuse of Occupational Authority) ① A person who commits an indecent act against a person under his or her protection or supervision by reason of work, employment, or any other relationship, by means of deception or force, shall be punished by imprisonment for not more than three years or a fine not exceeding 15 million won. ② A person who supervises another person who is detained by law and commits an indecent act against that person shall be punished by imprisonment for not more than five years or a fine not exceeding 20 million won.

Furthermore, if threats or violence were also involved, the offense may be charged as indecent assault by force against a workplace superior, punishable by imprisonment for not more than 10 years or a fine not exceeding 15 million won.

Given the seriousness of the matter, if you find yourself facing this situation, you must find a solution quickly.

In particular, because the initial investigation response is critically important in sex offense cases, you should promptly retain a specialized attorney from the moment you are reported, to assist you in preparing statements and accompanying you to police interviews.

Otherwise, even if you avoid detention through a fine or a suspended sentence, you may still be subject to security measures such as annual registration and disclosure as a sex offender and restrictions on employment.

In addition, depending on your profession, internal disciplinary action may be taken against you, and in severe cases you could lose your job through dismissal, so it is essential to seek assistance to minimize legal liability and respond accordingly.

02If You Wish to Be Cleared of an Allegation of Indecent Assault by Force Against a Workplace Superior

Once a complaint has been filed regarding the incident, you will need to attend a police interview.

Even if you believe you are not guilty of any wrongdoing, if the victim claims to have felt sexual shame or discomfort, the victim's statement may be favorably credited even without any objective evidence.

Therefore, before attending the police interview, you should obtain the assistance of legal counsel to review the circumstances of the case as well as the victim's complaint and statement.

You will also need to establish that the act was not committed with sexual intent, or that you do not remember the incident because it occurred while you were intoxicated at a company dinner, in order to demonstrate that the act was not premeditated or habitual.

To have such arguments reasonably accepted, you must submit evidence supporting the circumstances and context, thereby securing the credibility of your statement.

Therefore, it is important to address the case together with a specialized attorney.

And if the allegation is found to be true, you will need to reach a settlement with the victim. While it is understandable that you may wish to offer a settlement amount and resolve the matter quickly, acting hastily without a strategy may result in the settlement being rejected, and depending on the circumstances, you may be asked for an unmanageable settlement amount.

Therefore, it is advisable to proceed with this process together with legal counsel who can help you establish a settlement strategy suited to your position and resolve the situation favorably based on the victim's state and disposition.

In sex offense cases, it is important to consult with a specialized attorney at the early investigation stage to carefully review the circumstances of the case, determine your initial position, and maintain it consistently.

Please keep in mind that reversing your statement or changing your position on the case will never help you obtain a favorable judgment.

Genuine dedication to the client, and viewing the case from the perspective of the police

The attorneys at LAWFIRM LEAP have worked at Kim & Chang and Bae, Kim & Lee—the largest law firms in Korea—handling a wide range of sexual offense cases, and, as former police officers, have extensive experience conducting the initial investigation process that is so critical in sex offense cases, giving us in-depth expertise for responding effectively to police investigations.

Therefore, if you work with LAWFIRM LEAP, an attorney with experience at a large law firm and as a police officer will personally support you from start to finish, actively substantiating your position and providing methods to minimize your legal liability.

At LEAP, we understand the situation you are in and the urgency you feel better than anyone, and we will mobilize all of our knowledge and expertise to help secure the best possible outcome for you.

If you have not found a solution through what we have shared today, please feel free to contact LEAP at any time.

We will thoroughly prepare a customized strategy tailored to your situation, starting with responding to the investigative authority's inquiry.

Thank you for reading this lengthy article.