Korea’s legal systems fall short of protecting women from of sexual harassment in working and social spheres, experts say.

Three laws regarding women’s development, gender equality and human rights cover sexual harassment.

But they are fraught with loopholes that offenders can exploit, from inadequate rules for punishment, to unclear standards for supervision and education, to cumbersome legal procedures that often frustrate victims, according to experts.

The first law acknowledging sexual harassment was enacted in 1995 under the Framework Act on Women’s Development. It described for the first time what constitutes sexually insulting remarks and behavior in the workplace.

The Equal Employment Opportunity and Work Family Balance Assistance Act in 1999 included articles stipulating legal restrictions and protection measures for employees for the first time.

Then relevant clause was inserted into the National Human Rights Commission Act in 2005.

Critics say the laws need to be enhanced to reflect changes in society and forge legal and cultural systems to curb sexual harassment. Many also say they define sexual harassment in inappropriately narrow terms.

According to the regulations, sexual harassment occurs when any member of an organization makes another party feel sexual humiliation or aversion with verbal or physical behavior of a sexual nature, or put the other party at a disadvantage in employment for not complying with such actions or demands.

“The ‘disadvantage in employment’ stated in the laws should be changed into ‘disadvantage in general’ since there can be various types of disadvantage against employees who refuse to comply with sexual action and demands of superiors,” said Park Seon-young, chief of Center for Human Rights Policy at the Korean Women’s Development Institute.

Park said there also should be protection measures for contract workers and restrictions on perpetrators such as customers or business partners, who are indirectly involved in workers’ jobs.

Ahn Jung-un, a public labor attorney and a director at the Woman Labor Law Support Center, echoed her ideas.

“Sexual harassment at workplaces should be dealt with as a structural problem rather as an issue between individuals,” said Ahn. “It is necessary to gather voices of third parties, including coworkers, to gauge the overall working environment in order to effectively deal with the case on an organizational level.”

In solving sexual harassment cases, each dispute is first recommended to be settled among the parties involved, when necessary, with the help of a committee to deal with workers’ complaints (a company with 30 employees or more should be equipped with such a committee by law).

If the dispute cannot be solved within the firm, the victim can report the case to a regional labor administration under the MOEL or the National Human Rights Commission, a state-run human rights organization.

When the case is reported to the local administration, the authorities can penalize the company in question and order it to give penalties to the assailant, though it is not mandatory.

When the case is brought to the NHRC, the victim or the third parties who suffered from or learned of sexual harassment can seek consultation with the commission. Investigators of the commission then conduct fact checking and interviews with the complainant and the alleged assailant. The results of the investigation are reported to a correctional committee for discrimination which announces the final results. If found responsible, the accused receives either penalties or disciplinary orders, as does his or her employer when deemed necessary.

The victim can also choose to bring a harassment case to court, but the case is usually treated as a civil lawsuit, while rape or sexual assault is treated as a criminal offense.

For sexual harassment to be treated as a criminal case, the accuser can charge for defamation or contempt but that needs at least three occurrences if there is no witness.

“The amount of compensation, when treated as a civil case, is not strict enough, usually 2 million won ($1,800) at maximum,” lawyer Kim Jin of Minbyun Lawyers for a Democratic Society said.

The court uses such yardsticks as: whether the perpetrator is an employer, senior or coworker; whether the victim is an employee; and when, where and how the inappropriate acts and words were committed.

Some argue that criminal punishment should be allowed for sexual harassment.

“Applying criminal laws to a sexual harassment case means more rigorous and stricter procedures to meet the standards and elements of a crime,” Park said, adding that such a move should thus be approached with caution.

She suggested that for the immediate future, clearer rules and standards on penalties should be made in the current laws.

By Kim Young-won (wone0102@heraldcorp.com)