Court rules soldier's buttocks tap as sexual harassment

A soldier's tap on buttocks constitutes sexual harassment due to intent, even without a sexual aim, according to an Incheon district court ruling. Yonhap

Touching a colleague's buttocks without sexual intent still constitutes sexual harassment, a court has ruled, as the act was deemed intentional.

According to legal sources on Monday, a man in his 20s, identified as A, who had recently joined an infantry division in Gangwon Province, suggested to his colleague, B, with whom he shared living quarters, to go for a smoke together in April of 2022.

At the time, A was a private. Privates are typically required to be accompanied by a superior or colleague to prevent incidents and ensure proper oversight within the military.

A, who had only recently become acquainted with B, expressed his gratitude to B for accompanying him to the smoking area by briefly touching B’s buttocks for about one second.

B was taken aback, and although A immediately apologized, the incident led to a military investigation. Initially, A was prosecuted in a military court, but after his discharge in September last year, the case was transferred to a civilian court where the trial continued until recently.

In court, A admitted to lightly patting B's buttocks with his palm but denied grabbing it, claiming, "I touched it over the pants for about one second to show friendliness. It wasn't harassment, and there was no intent."

Conversely, B testified during the investigation, stating, "A slightly grabbed my buttocks for about one second. It wasn't just a pat."

Judge Kim Jung-ah of the Bucheon Branch of the Incheon District Court, handling the case of forced molestation against military personnel, deferred sentencing A.

Deferred sentencing postpones the punishment for a minor crime, and if there are no further incidents, the record is effectively expunged after two years. However, the court did recognize A's guilt.

This article from the Hankook Ilbo, a sister publication of The Korea Times, is translated by a generative AI and edited by staff of The Korea Times.