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[Recent Court Case 4] Job applicants in the hiring process are recognized as “person who is under his/her guardianship or supervision by reason of his/her business, employment, or other relationship” under Article 10(1) of the Act on Special Cases Concerning the Punishment, Etc. of Crimes of Sexual Violence.

2020.07.09

[Case No. Supreme Court Decision 2020Do5646 dated July 9, 2020] 
 
The Supreme Court rendered a decision holding that job applicants in the hiring process are to be recognized as “person who is under his/her guardianship or supervision by reason of his/her business, employment, or other relationship” under Article 10(1) of the Act on Special Cases Concerning the Punishment, Etc. of Crimes of Sexual Violence. 
 
The defendant, who owns a convenience store, told the victim, who contacted about a part-time job advertisement, to come to the place where the defendant was drinking around 9:20 pm on February 1, 2019. The defendant and the victim went to a pub to drink and left around 11:50 pm, and the defendant sent a text message to the victim to come to his house and stay the night. When the victim refused, the defendant sent another message that the defendant would not hire the victim if the victim did not comply so the victim went to the defendant’s house. Later the defendant asked the victim to lie down on the bed and molested the victim. 
 
The court of first instance found the defendant not guilty on the ground that the defendant did not hire the victim before using force as stated in the factual background and that the defendant and the victim did not spend much time talking about the hiring process for the part-time job. 
 
However, the appellate court acknowledged that the defendant, as the owner of the convenience store, asked the victim, who contacted the defendant after seeing the job advertisement, to come to the bar by taking advantage of the hiring process as an excuse, lured the victim to the defendant’s house, and touched the victim’s genitalia and making the victim to the same. The Supreme Court therefore determined that the defendant used the position of power to make the hiring decision in suppressing the free will of the victim and molesting the victim. The Supreme Court affirmed the decision of the appellate court and dismissed the appeal.

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