One month into the job, she and Jang were alone in a lift when he said “she would be more sexually appealing if she wore more sexy outfits”, Gang told the ERA.
She could then be a “honeytrap” for customers in the KNCC showroom, the authority heard Jang had told her.
Another time in the lift, Jang asked if she was afraid he would rape her, Gang told the ERA.
She claimed he would stand very close to her and intentionally bang her chair when she was seated at her desk, telling her once that she looked like she had a “cold body and would be unable to have children”.
The technical director denied the allegations, saying he stood close to her desk because he had poor eyesight and wanted to see her computer screen.
The lift incidents never happened, he told the ERA.
Gang claimed that after raising her concerns with two company leaders in February 2021 she was told to “be more careful” around Jang because “he had a reputation” for such behaviour.
But Jang’s inappropriate behaviour continued, she told the ERA. He went on to call her offensive names, punched her shoulder and touched her elbow on two other occasions.
She resigned in April 2021, selecting “personal reasons” in a KNCC form because she felt it was taboo in Korean culture for employees to raise issues with their employer.
She had already raised it verbally to no effect, and feared raising it again on paper could harm her chances of getting another job with a Korean company.
Her resignation and reasons were reported to KNCC sole director Jaeho Huh, who held the Korean title of “Hoe-Jang”, meaning president or chairperson.
Huh told her to sue Jang, but at the same time forgive him and “give him some latitude”, Gang told the ERA.
“What on earth does it even mean, sue him but cut him some slack and still work together?“ Gang asked another company leader in a text message.
She later sent a six-page resignation report to KNCC’s board of directors, alleging Jang’s “sexual molestation” was worsening but that she was just told to “watch out for this man” while the company made “no effort to improve”.
At a meeting, Huh said the trouble was because “she was pretty and [Jang] liked her” - before Huh’s wife stopped him from making further comment, according to the ERA decision.
Gang was then told to do more procurement work which entailed working directly under Jang.
She resigned a second time in May, stressed, suffering from alcohol dependency, and needing professional counselling.
The ERA found KNCC took no action to address Gang’s concerns - there was no investigation and no practical steps taken to ensure her working environment was safe and healthy.
It found Gang was unjustifiably disadvantaged and constructively dismissed - that is, her resignation was forced by an action of her employer.
KNCC was ordered to pay Gang $15,153 in lost wages and $28,000 for humiliation, loss of dignity and injury to feelings.
It was also fined $2000 for not keeping proper wages and time records and $14,000 for failing to provide a healthy and safe workplace for Gang - the latter a “severe”, “ongoing” and “intentional” breach of their employment agreement, the ERA said.
Huh was fined $4000 for aiding and abetting the breach.
KNCC did not inform Jang of the complaints against him, so he was not found to have intentionally aided and abetted the breach.
“Justice has been served,” Gang told the Herald through her lawyer, Seungmin Kang, after the release of the decision.
She said she wanted to “just resign and forget about it” at first. Then a visa-holder, she was surprised by the number of people who told her she would not be able to get New Zealand residency if she proceeded with the ERA case.
But her residency was approved when she was waiting for the case to be heard. “Be brave, get legal advice,” she said.
KNCC also has a history of health and safety breaches and was most recently slapped with a $240,000 fine by WorkSafe after a crane operator was smashed in the face by a poorly secured load.
The company declined to comment on the ERA decision.
