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• During the execution of an employee’s duties, a party (including supervisors at all levels, other employees, or individuals with business contacts at AS) creates a hostile, intimidating, or offensive working environment that infringes on, interferes with, or affects the employee’s personal dignity, physical liberty, or job performance through: i) making a sexual request; ii) verbal or physical conduct of a sexual nature; or iii) conduct with intent of gender discrimination.
• A supervisor: i) makes a sexual request explicitly or implicitly; ii) verbal or physical conduct of a sexual nature, or iii) conduct with intent of gender discrimination as condition for establishing employment contract, continuance, or modification; or for employment actions including placement, assignment, compensation, evaluation, promotion or demotion, and award or punishment.

Any dispute concerning the definition of sexual harassment as specified in this paragraph is subject to the Gender Equality in Employment Act, Article 12-1; and the Sexual Harassment Prevention Act, Article 2.

For employees in workplaces beyond AS’s management and supervision, AS should identify sexual harassment risks in the workplace, provide all necessary protective measures, and inform employees in advance.

• Complainant’s name, employment unit and title; identification number; address and phone number; and date complaint filed.
• If the complainant has a statutory agent, the agent’s name, address and phone number, as well as a letter of appointment.
• Description of the incident and all pertinent evidence.
• If the written complaint or documented verbal complaint does not adhere to the regulations described above, and amendments are possible, the complainant should be notified within 14 days.

• The written complaint or documented verbal complaint has not been amended by the due date prescribed in Article 8, Paragraph 4.
• An investigation of the same case has already concluded, with the results sent to all involved parties.

• When a complaint is received, the committee members serving that month should confirm within 3 days whether it can be processed. Complaints not processed should be submitted to the Investigation Committee, which within 20 days should inform involved parties of the decision in writing, also forwarded to the local authorities.
• When a complaint is accepted for processing, the Convener should within 7 days appoint at least 3 committee members to serve on an ad-hoc team to investigate the incident. If either involved party belongs to a unit outside AS (including institutions, schools or dispatch businesses), AS should work with said unit to appoint a joint ad-hoc team and report investigation results to both parties and their units. The investigation should be completed within 30 days; it may be extended if necessary, but at most for another 30 days.
• When conducting an investigation, the ad-hoc team may interview both parties, and may legally collect evidence and conduct visits. If necessary, relevant professionals may be invited to assist.
• During the investigation, the involved parties’ privacy rights and personality should be protected. When the investigation is completed, an investigation report should be submitted to the Investigation Committee for review.
• When an Investigation Committee review meeting is held, involved parties should be informed in advance so they may present explanations. If necessary, related parties or professional experts/scholars may be invited to attend.
• The Investigation Committee should review the incident and determine whether a violation has occurred. If a violation is found to have taken place, specific grounds for such a ruling should be provided and appropriate punishments or other measures in accordance with the seriousness of the violation should be recommended. If no violation has occurred, suggestions for resolving the incident in light of actual circumstances may be provided. All involved parties and their units should be informed of the Investigation Committee’s decision in writing.
• If the complaint being investigated proves to be false, the Investigation Committee should propose appropriate punishment or other measures for the complainant.
• All complaints should be resolved within 2 months of the date they are accepted for processing. This period may be extended by another month, with involved parties informed via written notice. If the incident is regulated by the Sexual Harassment Prevention Act, the local authorities should also be notified. Written notices of resolution should include the grounds for resolving the case, as well as the due date for filing an appeal and the unit responsible for processing appeals.

• If the circumstances are subject to the Gender Equality in Employment Act:
  
  • An appeal may be filed with the Investigation Committee within 20 days after receiving written notice of the complaint’s resolution. However, if reasons for filing an appeal become known at a later date, this period may be calculated from the day of their occurrence.
  • The appeal should be filed with the Investigation Committee as a written statement stating the grounds for the appeal, as well as a photocopy of the original complaint resolution.
  • The Investigation Committee should adhere to its original resolution if the appeal fails to provide sufficient evidence. If the appeal does provide such evidence, and the Committee decides to overrule the original resolution, all involved parties should be notified.
  • Appeal procedures should follow the regulations for filing complaints unless otherwise stipulated in these Guidelines.
• If the circumstances are subject to the Sexual Harassment Prevention Act:
  If investigation procedures have not been completed within the required period, or the involved parties are not satisfied with the result, they may file another complaint with the local authorities after the required period or within 30 days after receiving written notice of the complaint’s resolution.