[Statement]

demand government of a comprehensive measure

to eliminate sexual violence and harassment at work!

 

The anger and frustration of survivors from a sexual violence and harassment at work is outpouring day after day. KWWA has been operating ‘Equal line’, a hotline for women workers since 1995. What we have learned in the process of resolving the received counseling cases is the views of the corporate and government bodies on the side of perpetrator.

 

When violence occurs, corporations try to conceal it by regarding it as a matter of the relationship of sexes or as a personal matter. There are few cases in which actions were taken to remove the perpetrator from the victim or to punish the perpetrator according to legitimate procedure. Rather, rumor about the case spreads out in the workplace, bullying and harassment toward the victim arise. The stigma such as a ‘Ggotbaem’ ‘you have been coming on to the guy” is always tagged along. There are even cases in which to take disciplinary action against victims or to dismiss victims. As perpetrators are in higher position in corporations, victims find it difficult to fight against these secondary victimizations.    

 

According to a fact-finding research by Seoul Women Workers Association in 2016, 57% of workplace sexual harassment victims have encountered disadvantaged measures by their companies. Disadvantageous measures such as ‘a disciplinary discharge, dismissal and other penalty on their professional ranked the first, along with ‘bullying, assault, abuse, and other psychological and physical damage’. It shows that the employer’s liability on the process of investigation and discipline and prohibition of disadvantageous measure regulated by law is too loose to protect victims. 

 

Victims screw up their all courage and file an appeal of sexual harassment at work into labor office, but are likely subjected to another hurt due to a lack of gender sensitive perspective of labor inspector and very limited range to accept as a case.  For instance, labor inspectors don’t consider sexual harassment/violence occurred at the venue of congregate dining after work as a case at work. It is determined too narrowly, even though it occurred in an unavoidable situation due to the obvious power relation at work. In actual, the number of sexual harassment cases filed in labor office was 552 and, among these, the only 1 case was prosecuted. Apart from it, non-prosecution disposition was for 26 cases, fine was for 66 cases and closure was for 453 cases.

 

Victims of sexual violence at work, if the case goes to police, encounter once again frustration in the process of investigation. The police investigation, for victims who are intimidated thoroughly, is a continuation of suffering due to overbearing attitude. Even a client was told “it is because you are pretty” by police. After underwent all sorts of hardship, and privation, if it is turned over to prosecution, prosecution demands victims of being victims. It is verified finally as a victim only she is totally as broken as she can’t do anything. Also the prosecution requires a contradiction that victims should not be in calm but their statement should be consistent. If they are not meet criteria of being victims, their case would be dropped as non-prosecution disposition.

 

 ‘The perpetrator likes the victim, the victim responded nicely on the messenger, the victim drunk heavily, the perpetrator don’t remember anything, …’ all of this excuses work against victims. However sexual behavior is not accepted without consent of counterpart no matter whether the perpetrator likes her/him, and moreover women workers who relatively belong to lower position of the power hierarchy at work can’t help but to be kind on a messenger with the employer or bosses. It is absolutely neither ok to rape a victim because the victim is drunk, nor does it mean that the perpetrator is not guilty because he/she has no memory. Also it is possible for victims to bring the case of sexual harassment up after several years. During the time, victims have been dwelling on the case over thousands and a million times. However, with ridiculous reasons, perpetrators get away with the cases and retain their status as it was.

 

The fact that sexual harassment/violence at work is so prevailing and grave is strongly attributed to the status of unrespected women workers, including misogyny in our society, lower status in the hierarchy of the company, and excessive low rate of women. Overbearing and hierarchical workplace culture as well as frequent congregate dining with drinking and entertainment culture has also affect. Low level of gender sensitivity of officials at government bodies delays case resolving. The legal loopholes are too decisive. At the request of women groups including women workers association, Lee Yong Deuk, A member of National Assembly, tabled a bill to amend sexual harassment at work- related laws last August. The key of this amendment bill is to clarify the contents of disadvantageous action toward a victim and to reinforce employer’s liability by laying out concrete regulations on investigation procedure and disciplinary action as well as duty to investigate immediately once a case of sexual harassment is reported or happened to know. However, this bill is still pending before the assembly.

 

Last year, Marvin Zuker, a judge in Ontario, read out his verdict, “the core of sexual assault incident is the only ‘whether the other party has agreed?’.” Any behavior that the other party doesn’t say explicitly ‘YES’ is an outrage that the other party doesn’t agree with and therefore is an offence. In our society, when we could expect to have a government official, boss at work like Marvin Zucker. When dealing with sexual harassment/violence incidents, efforts should be made to resolve them, trying to resolve with victims at the center, not guessing from the perpetrators’ perspective. The awakening of government and member of society are needed. Sexual harassment/violence is an severe and direct violation against women’s rights to equality and to work with dignity. Government should be aware of the gravity of this problem and lays out a comprehensive measure to eliminate prevailing sexual harassment/violence in the workplace.

 

2017. 11. 9.

 

 

 

 

Posted by KWWA
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