Firefighter Candidate Loses Qualification in Lawsuit due to Sexual Harassment Remarks

A prospective firefighter, who passed the firefighting recruitment examination and exchanged lewd remarks in a group chat after posting a female colleague's photo, has lost his job. He filed a lawsuit against the decision but was unsuccessful in court.

According to a report on the 19th by Edaily, the Administrative Division 1 of Changwon District Court (presiding Judge Kwak Hee-du) ruled against A, a candidate for firefighter positions, in his lawsuit against Gyeongsangnam-do, claiming that the decision to revoke his candidacy and remove him from the list should be canceled.

A passed the 2023 Gyeongnam firefighter recruitment examination and was undergoing training at the Central Fire Academy as a candidate.

He created a group chat with 11 male trainees and exchanged lewd comments targeting female trainees.

Furthermore, it was revealed that A was aware of the seriousness of the conversation, as he sent messages such as "In my view, it’s like the Nth Room" and "If it gets spread, everyone will be expelled" in the chat.

Improper Conduct of Firefighter Candidates and the Disciplinary Process

The Central Fire Academy received tips about these actions and launched an investigation. As a result of the investigation, A was given a penalty point, which was reported to the Gyeongnam Fire Education and Training Center.

Subsequently, it was decided that A was ineligible for graduation because he significantly harmed the dignity of a firefighter candidate, making it difficult for him to perform his duties as a firefighter.

The Gyeongnam Firefighter Appointment Review Committee voted to disqualify A as a candidate, and this decision was communicated to him. A contested this and filed an administrative appeal with the Central Administrative Appeals Commission, but after it was dismissed, he proceeded with a lawsuit.

During the lawsuit process, A claimed that "the interpretation of the meaning and intent of the remarks made in the chat room was arbitrary and the disciplinary action taken was illegal." He also argued that "if he had been reprimanded after being appointed, it would have only resulted in a warning or reprimand; thus, being subjected to a penalty equivalent to dismissal or expulsion is unjust."

The Court's Decision and the Moral Responsibility of Firefighters

However, the court did not accept A's claims.

The court stated, "Making sexually degrading or harassing remarks toward female trainees, or condoning such remarks made by other trainees, is an act that significantly damages the dignity of a candidate." It concluded that "this makes it difficult to perform duties as a firefighter."

The court further pointed out that "the remarks made by A in the chat included content that insulted or sexually objectified female trainees. Considering the nature of these remarks and the context in which they were made, they cannot merely be seen as excessive or inappropriate expressions made in jest."

In particular, the court criticized, "The content of the remarks directly targeted female trainees as sexual objects and ridiculed them or belittled their appearance and bodies. This is of a serious nature and is sufficient to cause sexual shame and disgust to an average person."

Finally, it emphasized, "Firefighters, due to the nature of their work, hold a position that requires high moral standards and sincerity. They have an obligation and responsibility to secure public trust by maintaining exemplary attitudes and behaviors and must also possess at least an average level of social skills and empathy."

Image source: Reference photos to aid understanding of the article / gettyimagesbank