Legal Battle Continues After Death…"There Was Sexual Humiliation"

The conclusion of the Supreme Court on the National Human Rights Commission's ruling that the late Park Won-soon, former mayor of Seoul, sexually harassed a subordinate has been finalized. Despite the family's opposition, claiming the victim's assertions were one-sided, the Supreme Court maintained a consistent judgment following the first and second trials.

According to the legal community on the 7th, the Supreme Court's Special Second Division (Chief Justice Oh Kyung-mi) dismissed the appeal in the case filed by Park's wife, Kang Nan-hee, seeking to overturn the recommendations made by the National Human Rights Commission.

Thus, Kang's assertion to cancel the Human Rights Commission's judgment was not accepted.

The issue came to light after Park was found dead near Bukak Mountain in July 2020. At that time, he was facing allegations of sexual assault from a Seoul city employee. Although the criminal proceedings ended with his death, the Human Rights Commission acknowledged the occurrence of sexual harassment through an official investigation the following year.

Court: "Finding of Sexual Harassment Not an Abuse of Discretion"

In the investigation results announced by the Human Rights Commission in January 2021, it was determined that Park sent inappropriate text messages and photos to the victim late at night, constituting sexual harassment. The commission subsequently recommended improvements to related systems to the Seoul City, Ministry of Gender Equality and Family, and the Council of Local Governments in the Republic of Korea.

In response, Kang filed a lawsuit in April of that year against the Human Rights Commission, stating, "The deceased was branded as a criminal." However, the first trial court ruled that "It is acknowledged that the former mayor's actions caused the victim sexual humiliation and discomfort," resulting in a loss for the plaintiff. The court found no abuse of discretion in the Human Rights Commission's recommendations.

The second trial also dismissed the appeal, stating, "The Human Rights Commission's judgment and recommendations are not substantively illegal." Kang's side appealed to the Supreme Court, but with the dismissal of the appeal, the ruling was finalized.

"The Judicial Judgment Was Not Against the Perpetrator but the 'Action'"

Regarding this ruling, the legal representative for the victim, attorney Kim Jae-ryeon, stated on social media, "The administrative lawsuit by the family has rather brought significant results for the victim." He emphasized, "Although the perpetrator ended his life and no judicial condemnation was achieved, the act itself was judged by the law, which is meaningful."

With this, the legal battles surrounding the former mayor have reached a conclusion with the Supreme Court's judgment. Given that the judiciary has provided a responsible answer to the victim's appeal, this ruling is expected to have considerable implications for similar cases.

Image source: Supreme Court / Photo=Insight