How to Respond to Allegations of Sexual Harassment During Acupuncture or Chuna Therapy
무너진 재정의 잔해 속에서도, 새로운 삶을 향한 길은 법적 권리를 통해 열릴 수 있습니다.
A friend of mine, who is an acupuncturist, faced the threat of a sexual harassment accusation from a patient. The patient claimed that the acupuncturist touched sensitive areas of their body without consent during the acupuncture procedure. This occurred even though the acupuncturist had to touch the patient's body to locate the necessary acupuncture points.
In response, the acupuncturist involved staff members in the procedure to explain the treatment area and, when necessary, touch the patient's body. The staff acted as witnesses and strongly refuted the accusations, providing testimonies to support the acupuncturist’s version of events. The staff members also provided written statements as witnesses, which were prepared in advance.
Afterwards, the acupuncturist received no further contact from the patient’s associates who had raised the allegations. Since this incident, the acupuncturist has become more cautious when performing acupuncture procedures.
Given that such situations may arise in many acupuncture practices, some practitioners now make it a standard procedure to explain the necessity of the procedure and the areas of treatment to the patient before starting. They also secure written consent from the patient and any staff present, ensuring their agreement with the procedure. Additionally, if the patient raises objections via phone or text message, the practitioner may also record the conversation on their mobile phone to secure evidence.
However, there are cases where the acupuncturist conducts the procedure alone, behind a curtain, and allegations of sexual harassment arise during this process. When questioned about why no objection was raised at the time, the patient often explains that, even if they felt sexually embarrassed, they were unable to speak up in the moment. However, it is not practical to record every acupuncture session using CCTV or audio devices.
In such cases, the patient may later argue that their consent was not given for the recording, and if the video footage is leaked, the acupuncturist could face charges under the Special Law on Sexual Violence, potentially leading to more severe penalties. Therefore, recording acupuncture sessions through CCTV or audio may not be a feasible solution.
This issue is not limited to acupuncture alone. In Chuna therapy, physical contact with the patient's body is unavoidable, and patients may accuse the practitioner of touching intimate areas without their consent during the procedure.
To prevent such situations, it is crucial that the acupuncturist explains the procedure and obtains written consent from the patient before starting the Chuna therapy. In cases involving minors, disabled individuals, or the elderly, where understanding the explanation and providing consent might be difficult, the practitioner must ensure that a guardian signs to confirm that the explanation has been provided and that consent has been obtained.
Physical contact with patients is inevitable during medical treatments. Sometimes, malicious patients or their associates may exploit this and threaten to file a sexual harassment complaint. In such cases, law enforcement authorities, including the police, prosecutors, and judges, will verify the following:
Additionally, professional organizations such as the Korean Oriental Medicine Association may conduct fact-finding investigations to determine whether the physical contact during the medical procedure was within the boundaries allowed by traditional Korean medicine or if it was excessive.
Even if an agreement is reached between the victim and the accused, sexual harassment charges can still result in criminal punishment. After being charged, the accused may face community service, educational orders, registration or public disclosure of personal information, and even employment restrictions.
Given these potential consequences, it is essential for practitioners to always be cautious when interacting with patients. It is important to carefully observe whether the patient is attempting to falsely accuse the practitioner in order to claim settlement money. In such cases, maintaining thorough records is vital.
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