A case handled by YUSU Lawfirm. Identifying details have been anonymized.
Case at a Glance
- Matter: Indecent assault by abuse of occupational authority (Sexual Violence Punishment Act, Article 10)
- Client: Defendant
- Stage: Trial
- Result: Not guilty
The Client's Situation
The client worked in the same office as the complainant and the two had kept a good working relationship. About six months later, the complainant accused the client of indecent assault. Even a fine would have meant a sexual offense record, possible registration, and the loss of a long career.
Key Legal Issue
The prosecution had to prove both that the client used occupational authority to commit the act and that the client intended an indecent act. The Supreme Court requires careful, overall judgment of whether conduct is indecent, and where intent is not proven the court cannot convict even if doubts remain. The defense challenged both points.
What YUSU Lawfirm Did
On authority, the firm showed that despite the client's title as head of the management office, the client had no power over staff hiring or discipline, so no real authority capable of overriding the complainant's will was exercised. On intent, rather than attacking the complainant's account head on, the firm argued that even taking the account as given, intent was not proven, through four written opinions and closing argument. Messages and conduct over about a year before and after the incident showed the relationship continued unchanged, and the six-month delay and use of the matter in a third party's separate lawsuit were raised with supporting records.
Result
The court acquitted the client, finding that the use of authority and the intent were not proven beyond reasonable doubt (Criminal Procedure Act, Article 325).
What This Case Shows
A workplace contact case that reaches trial is not a foregone conviction. Authority and intent are separate elements the prosecution must prove. In this case the key points came from the complainant's witness examination, and objective records over time were decisive.
Related Legal Services
For how we handle this type of matter, see Sex Crime Defense. More outcomes are collected in our Case Results.
Related cases and guides
Facing a similar legal issue in Korea? Tell us what happened and our legal team will review it. Every case turns on its own facts, and this result does not guarantee a similar outcome.