Sentencing for Sexual Harassment Can Only Be Avoided by Properly Handling the Police Investigation! <Must-Read>

The attorneys at LEAP have seen a great many people who were found guilty of 'sexual harassment,' received a criminal punishment, and instantly became labeled as sex offenders.

Whenever they hear such stories, they often express regret at not having been able to directly assist those individuals.

At the very least, we hope that those of you reading this article will not end up in such a situation.

At LAWFIRM LEAP, because our specialized attorneys have experience at major law firms and as former police officers, we understand the police's perspective better than anyone, and we can find the best way to resolve your case with a suspended indictment at the investigation stage.

It doesn't have to be us—please take just three minutes to read through today's article to the end, and we hope you can receive help from an expert who can prove your innocence to the investigative authorities and thereby prevent a prison sentence for sexual harassment.

01Sentencing for Sexual Harassment: Punishment Is Possible Even Without Assault or Coercion

Sexual harassment refers to sexually related words or conduct that causes the other party discomfort or humiliation, or inflicts harm such as employment disadvantages.

This includes physical, verbal, and visual types of conduct.

In particular, if indecent acts or verbal harassment occur within the workplace, one may be punished for indecent acts by abuse of occupational authority.

Under legal provisions, for 'indecent assault' to be established, there must be physical contact without the other party's consent, achieved through assault or coercion, that causes sexual shame or aversion.

However, the crime of indecent acts through abuse of occupational authority can be punished even without assault or coercion, making an actual prison sentence more likely.

Act on Special Cases Concerning the Punishment of Sexual Crimes, Article 10 (Indecent Acts by Abuse of Authority in the Course of Business) A person who commits an indecent act against a person under his or her protection or supervision by reason of business, employment, or other relationship, by deception or force, shall be punished by imprisonment for not more than three years or a fine not exceeding 15 million won.

For example, if an incident occurs at a company dinner or in the workplace, you must carefully review the circumstances, verify whether the victim's statement is truthful, and check the credibility of the content before formulating your position prior to the investigative agency's inquiry.

Whether to admit the allegation or to claim you are not guilty will change your initial and subsequent responses, so it is essential to accurately assess the case together with an expert.

In this process, if there are any parts that are inaccurate or exaggerated, you must actively find evidence to refute them and present your case.

You should legally review whether any part of the incident constitutes 'sexual harassment' using CCTV footage of the location, colleagues' statements, KakaoTalk or company messenger records, etc., and find a way to clearly clarify your position at the investigation stage.

02Early Response Is Essential to Prevent a Sexual Harassment Prison Sentence

If you are under suspicion of committing indecent acts through abuse of occupational authority due to sexual harassment in the workplace, you will acquire a criminal record for a sex offense even if you only receive a fine, let alone actual imprisonment.

You may also lose your job due to internal disciplinary action. Therefore, you must find ways to minimize legal liability and to argue that you should be cleared of suspicion.

If the sexual harassment charge is legally established, whether intentional or not, it is important to admit your wrongdoing, express remorse, and actively cooperate with the investigation during the police inquiry.

Because this is a sex offense case, admitting fault at the early investigation stage and promptly reaching a settlement with the victim is advantageous.

If you have no prior record and this is a first offense, obtaining a written statement of non-punishment through a prompt settlement may result in being cleared of suspicion at the investigation stage, or, even if the allegation is established, in receiving a suspended indictment by minimizing legal liability.

Therefore, it is necessary to prepare more strategically for the police investigation and to properly understand the important factors involved in this process.

However, in sex offense cases, the settlement process with the victim should be conducted through legal counsel, and you should be especially careful in your conduct, since workplace sexual harassment matters can be viewed as coercion by abuse of authority.

Since this may aggravate the victim's negative feelings, please be careful not to approach the victim alone as much as possible.

To prevent such issues from arising, we recommend seeking help from an expert experienced in handling criminal settlements to determine an appropriate settlement amount and draft a settlement agreement with favorable terms that will not cause further legal disputes.

Therefore, it is advantageous to work with a law firm that has specialized attorneys with former police experience who properly understand how to respond during the early stages of a police investigation.

Based on years of experience working within the police organization and various commendations received from the Commissioner General of the Korean National Police Agency, the criminal defense attorneys at LAWFIRM LEAP actively intervene in the police investigation from the earliest stage of the case, representing the client's position and protecting their rights.

Sincerity toward the client, and viewing the case from the police's perspective.

This is the very reason and belief that leads the attorneys at LAWFIRM LEAP to leave large firms such as Kim & Chang or Bae, Kim & Lee and join LAWFIRM LEAP.

LAWFIRM LEAP promises to never lose sight of this belief and to do our utmost for the clients who trust and come to us.

We sincerely hope that today's article has been of genuine help to those going through a difficult time due to involvement in a criminal case, and if you resonate with our sincerity through today's article, please feel free to contact us through the banner below.

Thank you for reading this long article to the end.