The Control Yuan has issued a notice for corrective measures against Army Command Headquarters for approving colonel Chung Chung-chiao’s (仲崇嶠) discharge application when he was still on trial for sexual harassment at the Taichung District Court.
Chung, who served in the 10th Army Corps 104th Brigade, was in July 2015 accused of sexually harassing a female subordinate, court records showed.
The 10th Army Corps had attempted to circumvent the judiciary by arbitrarily deciding last year that there was no proof of harassment and approved Chung’s discharge application, although the case was still being processed in court, the Control Yuan notice said.
While the 10th Army Corps retracted its decision on the sexual harassment claims, it did not make a new ruling until last month after being asked by a Control Yuan member.
The corps also violated Article 26 of the Act of Gender Equality in Employment (性別工作平等法) by relocating the female subordinate who filed the sexual harassment suit to another division without her consent.
The corps also infringed on a person’s freedom of speech, when it gave the victim’s husband, who also serves in the army. a minor demerit for speaking out by leaving a message on the Facebook page of the Ministry of National Defense’s spokesperson, the Control Yuan said.
The female subordinate had asked for leave — which was approved by a division chief — to care for her newborn child, but Chung recalled her, saying the division chief was not authorized to do so, court records showed.
Chung’s action violated the female subordinate’s right to care for her child, the Control Yuan said.
Chung had groped the victim after she returned to the base and reported to his office as ordered, court records said.
Chung admitted to harassment and agreed to pay compensation of NT$600,000 during a second trial at the Taiwan High Court’s Taichung branch. However, he filed for discharge from service, which was approved, before the case closed.
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