Defense claimed victims' accounts were fabricated, but court found their testimony credible

The former director of Saekdongwon, a residential facility for people with severe disabilities, identified only by his surname Kim, leaves Seoul Central District Court in Seocho-gu, Seoul, after an arrest warrant hearing in February. [Yonhap]
The former director of Saekdongwon, a residential facility for people with severe disabilities, identified only by his surname Kim, leaves Seoul Central District Court in Seocho-gu, Seoul, after an arrest warrant hearing in February. [Yonhap]

A former director of Saekdongwon, a residential facility for people with severe disabilities in Incheon, was sentenced to 15 years in prison Wednesday on charges of sexually assaulting residents.

Seoul Central District Court's Criminal Division 29, presided over by Judge Eom Gi-pyo, handed down the sentence against the former director, identified only by his surname Kim, on charges including aggravated rape under the Act on Special Cases Concerning the Punishment of Sexual Crimes, rape of a person with a disability under care, and violations of the Welfare of Persons with Disabilities Act. The court also ordered a 10-year ban on employment at institutions serving children and youth, and three years of probation. It rejected prosecutors' request to attach an electronic monitoring anklet.

The court found Kim guilty on most of the charges. However, it acquitted him on the charge of raping a person with a disability under care in relation to one victim, ruling that while the conduct violated the Welfare of Persons with Disabilities Act, it did not meet the legal threshold for that specific rape charge.

The court said the victims "described Kim's actions and words at the time of the offenses in specific and vivid detail," adding that "the emotions they felt and the circumstances that followed are not the kind of things that could be recounted without direct personal experience."

It then acknowledged the credibility of the victims' testimony, saying their accounts "appear to be based on facts they experienced firsthand" and contained "no contradictions or irrational elements."

Throughout the trial, Kim's defense denied the charges and argued that "the victims' statements were fabricated," but the court rejected that claim.

The court noted that "even Kim himself told police that, given the level and degree of the victims' disabilities, he did not think they would be capable of colluding to lie." It added that some of the facility's rehabilitation teachers also assessed that "the residents would not be able to lie, given their intellectual level."

In explaining the sentence, the court said Kim "committed sex crimes and assault multiple times against people with severe intellectual disabilities who were under his care," calling his conduct "highly blameworthy."

It went on to say that Kim "knew that people with disabilities, as socially vulnerable individuals, require greater protection, and had a professional duty to safeguard their rights, provide support and prevent abuse — yet he exploited the imbalance of power to use victims who lacked the capacity to respond to sexual offenses as a means of satisfying his own sexual desires."

The court added that "the victims were subjected to these crimes inside a residential facility where they should have been safest," and said they "appear to have suffered serious physical and mental pain and trauma."

Kim is accused of sexually assaulting three women with disabilities while serving as director of Saekdongwon in Ganghwa-gun, Incheon, between 2012 and last year. He also faces charges of striking another person with a severe disability on the palm a total of 34 times with a drumstick around December 2021.

Prosecutors had sought a 20-year sentence at the closing arguments hearing in July.

At the time, prosecutors said the case "should not be viewed simply as one of sexual assault and assault against a person with a disability," arguing that "the essence of it lies in the abuse of authority granted for the protection of people with disabilities to exploit the victims' vulnerabilities."

In his final statement, Kim said, "I have never committed sexual assault," while adding that he "sincerely and deeply reflects on the physical punishment." The court found him guilty Wednesday.

Immediately after sentencing, Ko Eun-young, an attorney at law firm Barun who represented the victims, said she felt "a great sense of mission and fulfillment in seeing the defendant held accountable and the victims' human rights upheld." She expressed hope that the verdict would bring some comfort to the victims and their families, and serve as a foundation for improving the welfare facility system for people with disabilities.


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