Comments on: Chung Mong-joon Accused of Sexual Harassment http://www.rjkoehler.com/2008/04/06/chung-moon-jong-accused-of-sexual-harassment/ Korea... in Blog Format Sat, 5 Jul 2008 19:17:27 +0000 http://wordpress.org/?v=2.5.1 By: Owoe http://www.rjkoehler.com/2008/04/06/chung-moon-jong-accused-of-sexual-harassment/#comment-146400 Owoe Mon, 07 Apr 2008 22:06:25 +0000 http://www.rjkoehler.com/?p=6394#comment-146400 As usual, I'm a bit late getting into this discussion. I cannot comment on the workings of Korean sexual harassment laws, but "inspired" by some of the comments here, I can provide a thumbnail sketch regarding how sexual harassment laws (at the federal level -- at the state/local level there will be many variations) operate in the United States. To that end, I will frame the incident as occurring in the United States to illustrate the workings of those (federal) laws. Generally, to constitute sexual harassment "in the workplace" (and I presume that the reporter, being on the job, will need to make that claim), the activity by the harasser toward the harassee must be: 1. unwanted by the harassee 2. based upon the harassee's gender 3. the action(s) must create a hostile or abusive environment 4. the action(s) must unreasonably interfere with the harassee's ability to do his or her job 5. it must be SUFFICIENTLY SEVERE AND/OR PERVASIVE (emphasis added – this is essential) 6. it must affect a term or condition of harassee's employment To provide a clearer understanding of the above, employers (in the U.S.) are responsible for protecting their employees from ALL workplace related sexual harassment. In other words, if a customer sexually harasses an employee, the employer must take some sort of action (e.g., tell the customer to leave and never come back or in this case, “warn” the harasser that their behavior is boorish at best and potentially illegal). There is an appreciation in the law that most of the time a single incident will not constitute sexual harassment (or at least not rise to the level of a cause of action). People do stupid/wrong/bad things. If immediate corrective action is taken there is no legal basis for a sexual harassment claim. As stated above, I do not know the working or the basis in law for the reporter's sexual harassment claim in Korea. To me, if the incident as described occurred in the United States, she would have a stronger claim for battery or assault and battery. However, such a claim probably wouldn't generate the same result or “buzz” among the masses as a claim of sexual harassment. Politics is clearly a blood sport and the media gets to play too. As usual, I’m a bit late getting into this discussion.
I cannot comment on the workings of Korean sexual harassment laws, but “inspired” by some of the comments here, I can provide a thumbnail sketch regarding how sexual harassment laws (at the federal level — at the state/local level there will be many variations) operate in the United States. To that end, I will frame the incident as occurring in the United States to illustrate the workings of those (federal) laws.
Generally, to constitute sexual harassment “in the workplace” (and I presume that the reporter, being on the job, will need to make that claim), the activity by the harasser toward the harassee must be:
1. unwanted by the harassee
2. based upon the harassee’s gender
3. the action(s) must create a hostile or abusive environment
4. the action(s) must unreasonably interfere with the harassee’s ability to do his or her job
5. it must be SUFFICIENTLY SEVERE AND/OR PERVASIVE (emphasis added – this is essential)
6. it must affect a term or condition of harassee’s employment
To provide a clearer understanding of the above, employers (in the U.S.) are responsible for protecting their employees from ALL workplace related sexual harassment. In other words, if a customer sexually harasses an employee, the employer must take some sort of action (e.g., tell the customer to leave and never come back or in this case, “warn” the harasser that their behavior is boorish at best and potentially illegal). There is an appreciation in the law that most of the time a single incident will not constitute sexual harassment (or at least not rise to the level of a cause of action). People do stupid/wrong/bad things. If immediate corrective action is taken there is no legal basis for a sexual harassment claim.
As stated above, I do not know the working or the basis in law for the reporter’s sexual harassment claim in Korea. To me, if the incident as described occurred in the United States, she would have a stronger claim for battery or assault and battery. However, such a claim probably wouldn’t generate the same result or “buzz” among the masses as a claim of sexual harassment.
Politics is clearly a blood sport and the media gets to play too.

]]> By: bumfromkorea http://www.rjkoehler.com/2008/04/06/chung-moon-jong-accused-of-sexual-harassment/#comment-146203 bumfromkorea Mon, 07 Apr 2008 01:49:50 +0000 http://www.rjkoehler.com/?p=6394#comment-146203 Yeah.. even in that version, 'sexual harassment' is pushing it. Insulting maybe, and probably sexist though.. Yeah.. even in that version, ’sexual harassment’ is pushing it. Insulting maybe, and probably sexist though..

]]> By: mateomiguel http://www.rjkoehler.com/2008/04/06/chung-moon-jong-accused-of-sexual-harassment/#comment-146198 mateomiguel Mon, 07 Apr 2008 01:32:09 +0000 http://www.rjkoehler.com/?p=6394#comment-146198 I think maybe the issue is belittling a female reporter by treating her like his daughter, or some other little girl. If I patted someone on the cheek when they asked me a hard question it would be because I was trying to say "aww, isn't she cute." That may well be infuriating to a career-minded, pantsuit wearing Korean female journalist (oh baby let me make it all better!) but I don't think it really qualifies as sexual harassment. But my comment in parentheses DOES constitute sexual harassment. Good thing I'm not running for office right now! I think maybe the issue is belittling a female reporter by treating her like his daughter, or some other little girl. If I patted someone on the cheek when they asked me a hard question it would be because I was trying to say “aww, isn’t she cute.”

That may well be infuriating to a career-minded, pantsuit wearing Korean female journalist (oh baby let me make it all better!) but I don’t think it really qualifies as sexual harassment. But my comment in parentheses DOES constitute sexual harassment. Good thing I’m not running for office right now!

]]> By: madne0 http://www.rjkoehler.com/2008/04/06/chung-moon-jong-accused-of-sexual-harassment/#comment-146187 madne0 Sun, 06 Apr 2008 23:28:12 +0000 http://www.rjkoehler.com/?p=6394#comment-146187 turbo: "She says that when she asked him a question about his contradictory statements regarding the “New Town” development, he told he didn’t want to talk about, patted her shoulder once, and then gave her two light taps on the cheek with back of his hand." Even if that's true...that passes as sexual harassment these days? And I thought we in the west were lawsuit crazy... turbo: “She says that when she asked him a question about his contradictory statements regarding the “New Town” development, he told he didn’t want to talk about, patted her shoulder once, and then gave her two light taps on the cheek with back of his hand.”

Even if that’s true…that passes as sexual harassment these days? And I thought we in the west were lawsuit crazy…

]]> By: Sonagi http://www.rjkoehler.com/2008/04/06/chung-moon-jong-accused-of-sexual-harassment/#comment-146161 Sonagi Sun, 06 Apr 2008 13:10:36 +0000 http://www.rjkoehler.com/?p=6394#comment-146161 @#13: Yes, the woman's version is different. Curiously, there is no actual footage of the incident available, not even at MBC's website, despite the fact that the Q&A occurred right after an election rally. There is video footage of Chung being trailed by reporters with questions at other times, but not in this particular case. I haven't even heard about other witnesses coming forward even though the street was likely crowded with people. Ken Starr didn't have an solid case until the blue dress appeared, and likewise, MBC doesn't have a case without either neutral witnesses or video. @#13:

Yes, the woman’s version is different. Curiously, there is no actual footage of the incident available, not even at MBC’s website, despite the fact that the Q&A occurred right after an election rally. There is video footage of Chung being trailed by reporters with questions at other times, but not in this particular case. I haven’t even heard about other witnesses coming forward even though the street was likely crowded with people.

Ken Starr didn’t have an solid case until the blue dress appeared, and likewise, MBC doesn’t have a case without either neutral witnesses or video.

]]> By: mjw http://www.rjkoehler.com/2008/04/06/chung-moon-jong-accused-of-sexual-harassment/#comment-146146 mjw Sun, 06 Apr 2008 10:48:31 +0000 http://www.rjkoehler.com/?p=6394#comment-146146 old news. old news.

]]> By: ziffel http://www.rjkoehler.com/2008/04/06/chung-moon-jong-accused-of-sexual-harassment/#comment-146144 ziffel Sun, 06 Apr 2008 09:49:35 +0000 http://www.rjkoehler.com/?p=6394#comment-146144 This may not be pertinent. Okay, it's not. But I share nonetheless. Because it's funny. To quote from Dong-a Ilbo: [Chung Mong-Joon's] aide said, “Chung (Mong-joon) likes going to public saunas and our district has a number of them. He knows this and visits them at least twice a day. He talks to women voters at the concession area by the entrance to widen his contacts with his constituents." http://english.donga.com/srv/service.php3?bicode=050000&biid=2008032463188 Uhmmm...at least twice a day...to press the flesh...hopefully not with Johnson's Johnson...okay... But, of course, any Chung vs. Chung story needs the other side, so, regarding campaigning in saunas, we have this priceless gem from the other one - Chung Dong-Young - who stands as living testament to how far good hair can take a man: “Looking at the people sleeping there, I thought urban life is tough,” he said. “It felt better than expected to meet people in the nude.” I couldn't possibly make this shit up. Thank you for reading until the end. This may not be pertinent. Okay, it’s not. But I share nonetheless. Because it’s funny.

To quote from Dong-a Ilbo:
[Chung Mong-Joon's] aide said, “Chung (Mong-joon) likes going to public saunas and our district has a number of them. He knows this and visits them at least twice a day. He talks to women voters at the concession area by the entrance to widen his contacts with his constituents.”

http://english.donga.com/srv/s.....8032463188

Uhmmm…at least twice a day…to press the flesh…hopefully not with Johnson’s Johnson…okay…

But, of course, any Chung vs. Chung story needs the other side, so, regarding campaigning in saunas, we have this priceless gem from the other one - Chung Dong-Young - who stands as living testament to how far good hair can take a man:

“Looking at the people sleeping there, I thought urban life is tough,” he said. “It felt better than expected to meet people in the nude.”

I couldn’t possibly make this shit up.

Thank you for reading until the end.

]]> By: turbo http://www.rjkoehler.com/2008/04/06/chung-moon-jong-accused-of-sexual-harassment/#comment-146120 turbo Sun, 06 Apr 2008 06:10:13 +0000 http://www.rjkoehler.com/?p=6394#comment-146120 There are a couple of different versions of the incident in the Korean press. The woman's version is quite different from the pat on the shoulder story. She says that when she asked him a question about his contradictory statements regarding the "New Town" development, he told he didn't want to talk about, patted her shoulder once, and then gave her two light taps on the cheek with back of his hand. This, if true, is definately something he should be called to account for. There are a couple of different versions of the incident in the Korean press. The woman’s version is quite different from the pat on the shoulder story. She says that when she asked him a question about his contradictory statements regarding the “New Town” development, he told he didn’t want to talk about, patted her shoulder once, and then gave her two light taps on the cheek with back of his hand.
This, if true, is definately something he should be called to account for.

]]> By: Sonagi http://www.rjkoehler.com/2008/04/06/chung-moon-jong-accused-of-sexual-harassment/#comment-146075 Sonagi Sun, 06 Apr 2008 03:26:01 +0000 http://www.rjkoehler.com/?p=6394#comment-146075 I searched Naver, YTN, and MBC for footage of the incident in question and found none. I searched Naver, YTN, and MBC for footage of the incident in question and found none.

]]> By: bumfromkorea http://www.rjkoehler.com/2008/04/06/chung-moon-jong-accused-of-sexual-harassment/#comment-146073 bumfromkorea Sun, 06 Apr 2008 02:35:29 +0000 http://www.rjkoehler.com/?p=6394#comment-146073 So they're not challenging the guy's story, but is still calling the incident sexual harassment? Either the lawmaker has gigantic balls worthy of malignant testicular cancer, having pulled that off in front of his wife, or it's bullshit/overreaction on the part of the other side. So they’re not challenging the guy’s story, but is still calling the incident sexual harassment? Either the lawmaker has gigantic balls worthy of malignant testicular cancer, having pulled that off in front of his wife, or it’s bullshit/overreaction on the part of the other side.

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