The dinner meeting was arranged by 3rd grade elementary school teachers to welcome a newly appointed vice-principal (plaintiff) and they invited the principal and vice-principal. So, it was a place where the plaintiff and the teachers met for the first time. At the dinner meeting, participants were mainly discussing about teachings when some female teachers were given liqueur-filled glass by the principal and were suggested to toast. However, neither did they empty their glass nor did they reciprocate by filling the glass of the principal. The plaintiff, on seeing this situation, suggested that the female teachers should fill the glass of the principal. The plaintiff claimed that it would be more correct to view his verbal and physical conduct in this case as a recommendation for subordinates to reciprocate their superiors toasting rather than an intention to discriminate against the female and asking them to pour liqueur for the principal just because they are females. Other female teachers who heard the plaintiffs suggestion to those female teachers about pouring the liqueur for the principal felt unpleasantness but did not feel a sense of sexual humiliation or dislike. Integrating all the points in this testimony about the characteristics of the dinner meeting, relationships of the participants, place, the situation under which the plaintiffs remarks were made, and whether there had been any sexual motives or intention etc, the verbal and physical conduct of the plaintiff in this case, strictly speaking, is in line with our nations common sound knowledge and customary practices, and hence it is difficult to conclude his remarks and behaviors as intolerable or are violations of kind mannerism or social order.
In Korea, there are various preventive sessions against sexual harassment, which have been nationwide executed in public and private organizations since July 1, 1999, in compliance with 'Equal Employment Act' and 'Gender Discrimination Prevention and Relief Act'. Accordingly, more women who were not reasonably treated in their organization have been applying for such legal relief. Owing to the claims raised by working employees against sexual harassment, there have been more requests for the arbitration of disputes related sexual harassment through legal relief organizations such as local labor administrative machineries(Ministry of Labor) and Anti-Gender Discrimination Commission (Ministry of Gender Equality). Thus, it is expected that there will be more necessity for thorough standards or legal constitution for the settlement of disputes related to sexual harassment.
Essentially, in-house sexual harassment is based on our own gender discriminative social structure and culture, which originally result from our chronic custom long time ago. It can explain to us why it is most critical that men should change their own mind and attitude for women as so far. Nevertheless, if there is not any autonomous regulation against sexual harassment, our women cannot help but depend on the relief by law and related legal systems. Unfortunately, administrative and judicial organizations have been not yet ready for any positive judgment in terms of sexual harassment cases. Moreover, it is noted that there is lack of legality and consistency in judgment or decision, because we have little recognition of sexual harassment as a legal problem, along with insufficient understanding of international legislation or precedents.
In conclusion, this study intends to contribute to dispute settlement in terms of sexual harassment by analyzing related acts and precedents in Korea, so as to show effective prevention measures against increasing sexual harassment cases in Korea and thus to help settle related disputes reasonably.