TITLE	Supreme Court Decision 2017Du74702 Decided April 12, 2018¡¼Revocation of Decision of the Appeals Commission for Educators¡½ [full Text]
Summary
[1] Meaning of sexual harassment as defined under Article 3 Subparag. 2, etc. of the Framework Act on Gender Equality and, in such case, meaning of ¡°verbal and physical behavior of sexual nature¡± [2] Requirements for the establishment of sexual harassment [3] In an administrative lawsuit concerning the legitimacy of a disciplinary action taken on the grounds of sexual harassment, the party with the burden to prove the grounds for discipline (held: defendant) and degree of proof Whether the existence of a disciplinary reason itself may be denied in administrative litigation, solely on the basis that a not-guilty verdict was rendered as to the facts charged in a criminal trial related to sexual harassment, which constitute disciplinary grounds (negative) [4] Matters to consider when a court deliberates over a sexual harassment suit and method of determining the admissibility of a sexual harassment victim¡¯s statement

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