"Is It That Time of the Month?" Male Army Captain Who Sexually Harassed Female Lieutenant Sues Over Discipline—but Loses

[Financial News]  An Army captain who received a three-month suspension from duty for sexually harassing and verbally abusing a female subordinate sued to challenge the disciplinary action but lost.

On the 5th, the Administrative Division 1-2 of Busan District Court, presided over by Judge Moon Chun-eon, said it had dismissed Captain A's claim in a lawsuit against the commander of the 53rd Infantry Division seeking to overturn his suspension.
A was suspended for three months in June 2023 for sexually harassing and verbally abusing Lieutenant B, a female soldier under his command, while serving as a unit commander.
According to the ruling, A repeatedly asked B what she had done with her boyfriend over the weekend. He also questioned her about her private life, including whether she had slept at military housing or elsewhere. Although B refused and said she would do it herself, he touched her while offering to fix the zipper on her combat uniform and also put a shoulder insignia on her.
He also verbally abused her while they were working, saying, "Check the memo report quickly, XX," and, after she said she had left an item behind, "Can't you even keep track of your own things, XXX?" When B said that her stomach was upset and that she was not eating, he sexually harassed her by saying, "Is it that time of the month? Women's magic."

At trial, A said the intent behind some of his statements and actions had been conveyed differently and denied using abusive language. He also argued that a three-month suspension was excessive even if the grounds for discipline were recognized.
However, the court found that the victim's testimony was so detailed that it would have been difficult to know the circumstances without having directly experienced the conduct. It also determined that her account was generally consistent with testimony from a colleague who had worked with her.
The court stated, "Considering the statements and actions repeatedly directed by a superior at a female soldier under his command, they constitute sexual harassment that causes feelings of sexual humiliation or disgust. In light of the duration and frequency of the misconduct, the relationship between the plaintiff and the victim, and the public interests the disciplinary action seeks to achieve, including protecting human rights in the military and maintaining military discipline, the disciplinary action at issue is justified."
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