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Discrimination against Employees Based on Sex (Sexual Harassment) [2003] KRNHRC 2 (1 January 2003)

The complainant (chairperson of the trade union of University Hospital)
filed a petition against a respondent serving as professor of the Urology
Department, Medical School of University, and the chairman of the
Urology Department of University Hospital, arguing that he sexually
harassed nurses (victims) and offended the dignity of the victims and should,
therefore, be fired.

Given the right and wrong, the nature of alleged acts of sexual harassment,
violence, violation of dignity, and insulting language and behavior by the
respondent, who serves a public organization, and relating to the use of his
position at the workplace and the nature of his duties, the Commission found
that the acts of the respondent (1) constituted sexual harassment that was
sexually humiliating or emotionally harmful to the victims and other involved
persons and (2) were violations of the personal rights of nurses. Thus, the
Commission recognized that the sexual harassment, and violence, violation of
dignity, and insulting language and behavior by the respondent to the nurses
constitute discriminatory acts (sexual harassment) and violations of personal
rights.

Accordingly, the Commission recommended (1) that the respondent undergo
special human rights training by the National Human Rights Commission, and
(2) that the president of University and director of University
Hospital provide thorough training on the prevention of sexual harassment,
formulate measures to prevent sexual harassment and violations of human rights,
and prepare measures to investigate and settle incidents of sexual harassment
and sexual violence when such incidents occur in the future. The university to
which the respondent belongs accepted the recommendation.