Squeezing Nipple Not Sexual Harassment at Barracks
By Kim Tae-jong
Staff Reporter
Squeezing a person's nipple or hitting their genitals with the back of one's hand does not constitute sexual harassment if the incident took place in military barracks, the Supreme Court recently ruled.
However, it did uphold a high military court's ruling that convicted the accused of physical assault and abuse of his power as a senior.
A captain was last year indicted for squeezing the nipples of a corporal and two other subordinates and also hitting their genitals with the back of his hand. He was also charged with kicking their shins, ordering them to lay prostrate on their fists, and forcing them to shine their boots.
A lower martial court sentenced him to a one year prison term suspended for two years on charges of sexual and physical harassment. Upon an appeal, the higher martial court overruled the conviction of sexual harassment, ruling his act did not breach military law governing sexual harassment.
The martial law on sexual harassment only stipulates that those who commit sexual harassment such as forced anal sex can be jailed.
``Sexual behavior constituting sexual harassment under martial law are those that objectively trigger repulsive feelings, go against sound sexual ethical judgment and thereby hurt military morale,'' the top court said in a ruling.
The top court said that the standards and meanings of sexual harassment in criminal law are different from that in martial law.
Clearing the captain of all sexual harassment charges, the top court upheld the high court's ruling sentencing the accused to a 3 million won fine on charges of violence and abuse of power.