Army captain who sexually harassed and verbally abused female subordinate loses lawsuit to be suspended for 3 months

Continuous remarks or actions that cause feelings of sexual humiliation or disgust

(Busan = Yonhap News) Reporter Cha Geun-ho = A male army captain who was suspended for three months for sexually harassing and verbally abusing a female subordinate filed a lawsuit against the disciplinary action, but lost.

The Busan District Court's Administrative Division 1-2 (Chief Judge Moon Chun-eon) announced on the 5th that it dismissed the plaintiff's claim in the suit to cancel the suspension filed by Army Captain A against the commander of the 53rd Infantry Division.

Mr. A was suspended for three months in June 2023 for sexually harassing and verbally assaulting B, a female lieutenant under his command, while working as a unit commander.

According to the disciplinary facts included in the ruling, Person A repeatedly asked Person B what she did with her boyfriend over the weekend, and also asked questions about her personal life, such as whether she slept at the official residence or outside.

Even though Mr. B refused, saying he would do it himself, he touched the zipper of his combat uniform and even put an epaulette on his shoulder.

While working, he would say, "Check the memo quickly, XXX," and when I told him that I had left something behind, he would verbally abuse me, saying, "You can't even take care of anything of yours, XXX."

When the victim said that she was not eating because she felt sick to her stomach, he sexually harassed her by saying, "Is it that day? It's women's magic."

Mr. A said at the trial that the purpose of some remarks and actions were conveyed differently, and that there was no swearing.

They argued that even if grounds for disciplinary action were acknowledged, three months of suspension was excessive.

However, the court judged that the victim's statement was so specific that it was difficult to understand without directly experiencing the situation at the time of the act, and was generally consistent with the statement of a co-worker who worked with him.

The court stated the reason for its decision, saying, "If you take the continuous comments and actions of a superior to a female soldier under his command together, it constitutes sexual harassment that causes the female soldier under his command to feel sexually humiliated or disgusted. Considering the period and number of offenses, the relationship between the plaintiff and the victim, and the public interest sought to be achieved through the disciplinary action in this case, such as the protection of human rights in the military and the establishment of military discipline, the disciplinary action in this case is justified."