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뉴스2026년 3월 3일

A 'miss you' joke and a sexual harasser? Survival strategies to avoid discipline

Hanbyol Law LLC Heo explained that the key to determining sexual harassment in the workplace is not the subjective intent of the perpetrator, but whether the other person felt pressured or sexually humiliated in the hierarchical relationship. He pointed out that even a light joke from a superior can be taken seriously because of his or her status, and that the courts focus on objective circumstances and the victim's perception. He also emphasized that Supreme Court precedents have emphasized that the test is whether the social norm would cause sexual offense.

In line with Mr. Heo's point, the article suggested that objective evidence and a thoughtful response, rather than emotional appeals, are necessary to reduce the risk of discipline. Specifically, the article recommends that the initial response has a significant impact on the level of discipline by organizing evidence such as call, text, and message logs, complementing the statement with an expression of regret and a commitment to prevent recurrence rather than a simple denial of intent, and ensuring objectivity by requesting a formal reference check through the company's investigation committee for coworker statements.