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TITLE Supreme Court Decision 2017Du74702 Decided April 12, 2018【Revocation of Decision of the Appeals Commission for Educators】* First draft [full Text]
Summary
[1] Meaning of sexual harassment as defined under Article 3 subparag. 2, etc. of the Framework Act on Gender Equality and, in such case, meaning of “verbal and physical behavior of sexual nature”
[2] Requirements for the establishment of sexual harassment
[3] In an administrative lawsuit concerning the legitimacy of a disciplinary action taken on the ground of sexual harassment, the party with the burden to prove the grounds for discipline (held: defendant) and degree of proof
Whether the existence of a disciplinary reason itself may be denied in an administrative litigation, solely on the basis that a not-guilty verdict was rendered as to the facts charged in a criminal trial related to sexual harassment, which constitute disciplinary grounds (negative)
[4] Matters to consider when a court deliberates over a sexual harassment suit and method of determining the admissibility of a sexual harassment victim’s statement
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