Ⅰ. Definition of "Sexual Harassment" and "Workplace Sexual Harassment" Elim Kim, 「Sexual Harassment: Law and Cases of Dispute Handling」, Episteme, 2023.

1. Origin and internationalization of the term 'sexual harassment'

The term “sexual harassment” is a translation of “성희롱” (性戲弄) and was first used in the United States in the mid-1970s. From the mid-1980s, it has been widely used internationally as well. In the United States, “sexual harassment” refers to the incidents where female (or male) employees in the workplace are subjected to mental and physical harm and human rights violations by male (female) superiors or colleagues who use their superior status to attempt to get away with making unwelcome sexual remarks, actions, or demands. Feminists Feminists are people who pursue feminism, a belief system that seeks to identify and address the causes of unfair treatment of women. Today’s feminists aim to change the existing male-centered social structure and culture, to guarantee women's rights and gender equality.
first coined the term “sexual harassment” as a specific description distinguished from “gender discrimination/violence.” Subsequently, U.S. courts and the Equal Employment Opportunity Commission (EEOC) reflected this view in recognizing “sexual harassment” as a violation of Title VII of the Civil Rights Act, which prohibits employment discrimination. Therefore, it became a legal term in the United States.
As a result, international interest in 'sexual harassment' increased. In 1985, the United Nations (UN) adopted the "Nairobi Forward-looking Strategies for the Advancement of Women" at the Third World Conference on Women, where for the first time in the history of international human rights documents, the International Labour Organization (ILO) pointed out that 'sexual harassment' violates women's labor rights and equality, hinders their ability to perform and their motivation to work, and hampers women's development. They called for national measures to address this issue. Consequently, the European Community (EC) adopted the "Resolution on the Dignity and Protection of Women and Men in the Workplace" in 1990, followed by the "Resolution on Measures to Combat Sexual Harassment" in 1991. Since the 1990s, many countries have started implementing various forms of measures to address sexual harassment.
International human rights documents and the laws and court precedents and decisions in various countries also include the term “sexual harassment.” The definition refers to behavior 1) that causes harm (mental/physical, human rights violations, or workplace harm) to another person, 2) through unwanted sexual advances (speech, actions, or demands) related to work, 3) using one's position to put pressure on another person to accept or give in (even though the action is resisted by the other person and causes them to feel uncomfortable).

2. Usage and legal terminology of the term 'sexual harassment' in Korea

In Korea, the term “sexual harassment” is referred to as “성희롱” (seong-hui-rong). This became a subject of legal and social discourse after the first sexual harassment lawsuit was filed in October 1993. A woman who worked as a laboratory assistant on a contract basis at S National University, was dismissed before the end of her contract period. She claimed that her dismissal was in retaliation for her rejection of unwarranted and inappropriate sexual advances made by her supervising professor. She argued that it was “sexual harassment” and that it resulted in a violation of her right to personal dignity and also amounted to employment discrimination. She sued the professor, the president of S University, and the Republic of Korea for damages. This lawsuit marked the beginning of the widespread use of the term “sexual harassment” in the 1990s.
However, the Korean language dictionary defines 희롱 (hui-rong) as "teasing with speech or behavior without any substance.” However, there has been criticism that the term “성희롱” does not fully express the essence or seriousness of the problem of sexual harassment and may be misunderstood as only sexual advances that are trivial in nature. Suggestions have been made to replace the term with “sexual humiliation” or the English term itself, “sexual harassment.” The Second Trial Court ruling on the first sexual harassment lawsuit (Seoul High Court verdict on July 25, 1995, 94Na15358) used the term “sexual harassment,” which it defined as "any sexual conduct, including unwanted demands for sexual favors, that has an explicit sexual nature and clear sexual intent, and must be serious and thorough, including being repeated persistently against the victim's will." The court also issued a judgment against the plaintiff's claim, saying that the defendant professor's sexual behavior was minor and benign, and did not constitute “sexual harassment” due to lack of evidence. This decision was criticized by feminist activists.
Against this backdrop, the Framework Act on Women's Development was enacted on December 30, 1995, to promote women's social participation. The Act stipulates that "the state, local governments, and employers must take necessary actions to create an equal work environment, including the prevention of sexual harassment" (Article 17, paragraph 3).
As a result, the term “sexual harassment” became a legal term. However, the first law to legally define “sexual harassment” in Korea was the Act on Gender Discrimination Prohibition and Relief, which was enacted on February 8, 1999. This was after the first Supreme Court ruling on the first sexual harassment lawsuit (Supreme Court ruling on Feb. 10. 1998, 95Da39533).

3. Use and legal terminology of the term "sexual harassment in the workplace“

In the United States, the term "sexual harassment" initially referred to sexual advances towards female (or male) employees in the workplace. But now it includes sexual advances in various settings, such as in schools and public institutions. As a result, the term "sexual harassment at work" or "sexual harassment in the workplace" is specifically used to describe sexual harassment in the workplace.
In South Korea, the first sexual harassment lawsuit involved sexual advances towards a professor's assistant. The plaintiff, her legal team, and women's rights activists who supported her called it "sexual harassment in the workplace." The first and only law in South Korea to define the concept of "sexual harassment in the workplace” was the Equal Employment Act(enacted February 28, 1998.)