By Kim Tae-jong
Staff Reporter
The High Court ruled on Sunday that it is illegal to force people to drink and to stay late at a drinking session on the ground that it violates personal rights and the right to pursue happiness.
The ruling came as a woman sued her former boss for mental and physical damage caused from excessive drinking sessions organized by him.
In the ruling, the appellate court ordered him to pay 30 million won in damages. It overturned the ruling from a first trial, which awarded 7 million won in compensation.
``Even though she expressed her desire not to drink, her boss coerced her into drinking, which violated her right of freedom as well as damaging her health,’’ the court said. ``Without proper reasons, one must not organize a drinking session after working hours and stop others from going home against their will, which violates the right to pursue happiness.’’
The Seoul-resident in her 20s could only manage two glasses of beer due to a stomach disorder when she first got a job at an online game company in 2004.
But her boss organized a series of drinking sessions with his staff two or three times a week, forcing her to attend, drink and stay late with the group. The drinking sessions usually didn’t end until 3 or 4 a.m. the next morning.
When she refused to drink, he made a joke ordering her to kiss a man who would drink on behalf of her. She had no choice but to drink.
Even if she said she was sick, he ordered her to join him, threatening to give her more work if she went home. When she sneaked out of a bar, he reproached her severely for her ``non-cooperation’’ the following day.
After months of suffering, she decided to quit the job and sue her boss for damages. Due to the excessive drinking sessions, she claimed her stomach inflammation got worse and her four-year relationship with boyfriend ended.
The ruling is expected to bring an impact on the traditional drinking culture in companies, which often coerce people into drinking against their will. To a large degree company drinking sessions are used as a way of getting workers to socialize. But those who do not like drinking often complain.