Court, “Professor sending “heart symbol” to students is not sexual harassment”
A professor’s sending of a ‘heart symbol’ in text messages to his student has been found not to be sexual harassment by a court decision.
Seoul Administrative Court ?? (Presiding Judge Kim Hongdo) stated that there was no evidence that a full-time instructor at a University in Seoul, Mr. A had committed sexual harassment. In this case to reverse his dismissal after viewing the 'heart symbol' along with the intimate everyday contents of the message, declared the dismissal as an abuse of discretionary power. Mr. A was dismissed from his duties last March on account of the charge of sexual harassment.
The presiding judge stated that “Mr. A at Teaching evaluation board request for the revoking of his dismissal the case was decided in the favor of the plaintiff” judging that the professor had in fact sent a message to his pupil with excessive content, but sent messages back and forth with the student containing intimate everyday contents.
The presiding judge decided that the dismissal was an illegal use of discretionary power, because this ‘heart symbol’ is used as a symbol of intimacy with the other party and that even though the content of the messages sent contained expressions like “hug me” there were no sexual motives or intentions.
The school discovered that for three months beginning in November of 2009, Mr. A frequently sent student B texts containing messages like “♥ I think of you often”, “♥ I miss you a lot” and “Until you hug me.. I’m afraid.” At that time the school stated that he had committed verbal sexual abuse and dismissed him last March.
The Korean is located here.
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