Home | Databases | WorldLII | Search | Feedback National Human Rights Commission of Korea - Complaint Summaries

Human Rights Violations: Forced Settlement and Sexual Harrassment by an Investigator of the Prosecution [2007] KRNHRC 10 (1 January 2007)

Citizen "Lee (51-year-old woman)" filed a complaint with the Commission that a
drunken investigator of the Prosecution visited her office at night, forced her to forgive a
person who had accused her, and sexually harassed her. Lee said that she reported such an
incident to the prosecutor in charge of her case and the Chief Prosecutor of "A" Branch
Prosecutor's Office, but there were no remedies.

An investigation found that the drunken investigator of the Prosecution called Lee to
meet late at night and came to Lee's office, threatening that lee would face disadvantages,
unless she forgives the person who accused her. Also, it was found that the investigator of
the Prosecution hugged Lee and touched Lee's breast and the buttocks. Lee notified the
prosecutor in charge of her case and the Chief Prosecutor of "A" Branch Prosecutor's
Office of such an incident, and gave a recorded audiotape to them. However, the
prosecutor and Chief Prosecutor of "A" Branch Prosecutor's Office did not take any action,
stating that the investigator denied any wrongdoing.

The Commission noted that
(1) a settlement should be designed to give benefits to both parties, but settlement in this case was against Lee;
(2) it was not socially tolerable that a drunken investigator of the Prosecution met a female accused late at night
and sexually harassed her by hugging her and touching her breast and buttocks, saying "let me hug you";
(3) the prosecutor in charge of Lee's case and Chief Prosecutor of "A" Branch Prosecutor's Office did not take any
action, in the excuse that the investigator denied any wrongdoing and sexual harrassment should be reported to the
authorities personally by the victim, even though they knew about the incident through a recorded audiotape.

Based on these findings, the Commission ruled that the prosecutor and Chief Prosecutor of "A"
Branch Prosecutor's Office violated the Principle of Due Process of Law to protect basic
rights of citizens defined in Article 12.1 of the Constitution, Article 38 of the Regulations
on Human Rights Protection in Investigations, and Articles 10 and 11 of the Constitution.
The Commission recommended the Prosecutor General and the Chief Prosecutor of "B"
District Prosecutor's Office to take a disciplinary action against the respondent and give a
caution to the Prosecutor and the Chief Prosecutor of "A" Branch Prosecutor's Office. The
Prosecutor General and the Chief Prosecutor of "B" District Prosecutor's Office accepted
the recommendation to apply suspension of duty to the respondent and give a caution to
the prosecutor and the Chief Prosecutor of "A" Branch Prosecutor's Office.