Why Aiding and Abetting Sexual Harassment Should Not Be Taken Lightly

Among those reading this article, some of you may be facing the risk of punishment for aiding and abetting sexual harassment after witnessing a workplace superior or colleague commit sexual harassment and remaining silent about it.

If you knew that a sex offense occurred in the workplace and failed to take the necessary measures, you may be held liable not only for the superior's indecent assault by abuse of authority but also for aiding and abetting if you were present in that space.

In such situations, rather than criminal punishment for reasons such as dereliction of duty, internal disciplinary action is more likely under the Act on Equal Employment or, for public officials, internal disciplinary rules.

Therefore, you should prepare with the assistance of an experienced attorney to prevent any disposition being taken against you.

And to defend against such disciplinary action, it is important to receive legal assistance during questioning by the investigative agency to minimize the level of punishment.

With that in mind, today we will explain effective measures to take if you are implicated in a workplace superior's sexual harassment case and suspected of aiding and abetting.

01Can You Be Punished for Aiding and Abetting Sexual Harassment in a Workplace Indecent Assault Case?

If a business owner, superior, or employee uses their workplace position or, in connection with their duties, makes sexual remarks or takes sexual actions and causes any disadvantage in employment, they will be punished for 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, etc.) (1) A person who commits an indecent act against a person under his or her protection or supervision by reason of business, employment, or any other relationship, by fraudulent means or force, shall be punished by imprisonment for not more than 3 years or a fine not exceeding 15 million won. (2) A person who supervises another person confined pursuant to law and commits an indecent act against that person shall be punished by imprisonment for not more than 5 years or a fine not exceeding 20 million won.

In such cases, the offender may receive imprisonment for up to 3 years or a fine of up to 15 million won.

If you witnessed the occupational indecent assault taking place and assisted the principal offender in the course of the assault, you may be punished for aiding and abetting.

For this charge to be established, it must be recognized that the person had intent to assist in the act.

The charge may be recognized if the person, while aware that such an incident was likely to occur, placed the parties in the same space or forced them to remain together, or engaged in similar conduct.

However, if it is established that the person was unaware that the victim was receiving unlawful sexual contact from the offender, the charge can be avoided.

Therefore, you must find arguments suited to your situation along with supporting evidence, so you should obtain the assistance of an experienced attorney to conduct a proper initial analysis.

Depending on the circumstances, an aider and abettor may face not only criminal punishment but also occupational disadvantages resulting from internal disciplinary action, so to avoid a crisis that could cost you your livelihood, you should systematically analyze the case, from the initial assessment to your response position and strategy.

02How to Defend Against Internal Disciplinary Action for Aiding and Abetting Sexual Harassment

The appropriate response depends on the circumstances of your involvement in the case, such as whether the level of aiding and abetting was severe or whether the conduct was merely negligent without intent.

If it is difficult to prove that you were not involved, you may face occupational internal disciplinary action depending on your individual circumstances.

Therefore, to avoid a disposition arising from this matter, a defense strategy against internal discipline is also necessary. Accordingly, if a public official is accused of aiding and abetting indecent assault, severe disciplinary action may be imposed if the level of assistance was serious.

On the other hand, if the intent was not strong, the conduct was merely negligent, or the involvement was a one-time occurrence, lighter disciplinary action may be applied.

You should accurately assess your situation and respond to the case with legal assistance that can identify a favorable position and supporting grounds.

Otherwise, you may suffer unexpected disadvantages, so you should actively demonstrate that your conduct was not intentional and respond in a way that prevents any direct impact on your personal record.

In sex offense cases, an improper response at the early investigation stage can lead to punishment regardless of your actual position or the facts, and the resulting harm can restrict your social life and even threaten your livelihood. Therefore, it is wise to promptly explain the circumstances to an experienced attorney, have the matter reviewed, and find the best strategy to respond.

Because we have investigation experience, we can respond effectively to investigations.

Our attorneys at LAWFIRM LEAP have handled a wide range of sex offense cases while working at Kim & Chang and Bae, Kim & Lee, Korea's largest law firms, and have conducted numerous critical initial investigations in sex offense cases as former police officers, giving us in-depth expertise needed to respond to police investigations.

Therefore, if you work with LAWFIRM LEAP, attorneys with experience at major law firms and in the police force can personally support your case from start to finish, actively proving your client's position to minimize legal liability.

If today's article did not fully resolve your concerns, please feel free to contact LEAP at any time.

We will thoroughly prepare a tailored strategy for each client's situation, from the initial response through to the investigative agency's inquiry.

Thank you for reading this lengthy article.