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| TITLE | Supreme Court Decision 2021Da219529 Decided September 16, 2021 【Damages (Etc.)】 [full Text] |
|---|---|
| Summary | |
| 【Main Issues and Holdings】 [1] Requirements for, and standard of determining, the constitution of “sexual harassment on the job” stipulated in Articles 2 Subparag. 2, etc. of the Equal Employment Opportunity and Work-Family Balance Assistance Act Whether creating an environment that may cause a person to feel sexual humiliation or repulsion by indirect methods such as other persons, media, etc. may be included in “sexual words or actions, etc.” as referred to in the above provision (affirmative) [2] Where an employee committed a harmful act against another person, the requirements to deem such act to correspond to “in the course of performing the specific affairs,” which is the requirement for the constitution of an employer’s liability therefor [3] In a case where: Party B and others, who are workers of Stock Company A, spreading sexual remarks made in relation to Party C, who is a female worker, asked Party C if such remarks are true; false rumors about Party C were circulated among workers of Stock Company A on account of such remarks of Party B and others; and Party C claimed compensation for damages against Stock Company A on the grounds of the employer’s liability therefor in relation thereto, the case holding that the judgment of the lower court, which viewed that Stock Company A, as an employer, is liable for compensating for any loss inflicted on Party C by the remarks of Party B and others, corresponding to sexual harassment on the job, is just | |
