Judicial Differences of Sexual Harassment Between China and South Korea

This essay explores the differences in the legal treatment of online sexual harassment (OSH) in China and South Korea. China's Civil Code addresses sexual harassment by emphasizing the violation of a woman's dignity, but the legal consequences are minimal, typically resulting in fines comparable to civil disputes. In contrast, South Korea classifies sexual harassment as a crime under the Criminal Act, with punishments including imprisonment. The analysis identifies three key disparities. Firstly, China lacks a clear specification of what constitutes sexual harassment, while South Korea provides detailed definitions. Secondly, South Korea treats OSH as a severe offense on par with rape, leading to stricter enforcement and deterrence. However, in China, OSH cases are often addressed as defamation or infringement of portrait rights rather than distinct sexual crimes. Lastly, social media censorship in China hampers tracking and locating perpetrators, granting them more leeway to evade punishment, while South Korea actively prosecutes OSH as a sexual crime. Addressing these disparities, the abstract suggests placing sexual harassment in China's criminal legislation and implementing supplemental laws to support its enforcement.