[Reviewing the Complete Removal of Prosecution Authority⑥] Disabled Persons with Communication Difficulties Also Cannot File Objections in Related Cases

Case Closed When Police Decide Not to Prosecute
Experts Say "Second Review Measures Needed"
Distrust in Police Also a Challenge to Address

[Asia Economy Reporter Kim Hyung-min] In May last year, allegations surfaced that Mr. A, an intellectually disabled person at a homeless rehabilitation facility in Miryang, Gyeongnam, was repeatedly assaulted by a social worker. In response, the police booked facility officials on May 31 and conducted an investigation for four months. However, the case was closed without being forwarded to the prosecution due to lack of evidence confirming abuse. Mr. A filed an objection in protest. The prosecution accepted this and instructed the police to conduct a supplementary investigation.

With the revised Criminal Procedure Act and Prosecutors' Office Act, known as the ‘Geomsu Wanbak’ (complete removal of prosecutorial investigative authority) law, coming into effect in September, the situation will change. Neither Mr. A’s objection nor the prosecution’s order for supplementary investigation will be possible, and the case must be concluded with the police’s decision not to prosecute.

Attorney Kim Ye-won of the Disability Rights Law Center said, "The area most affected by Geomsu Wanbak will be cases of abuse against persons with disabilities." Eun Jong-gun, director of the Central Disability Rights Advocacy Agency, said, "More than 70% of abuse victims are intellectually disabled. Communication is fundamentally difficult for them, making it hard to file complaints or reports on their own, and police often struggle to accurately understand the victim’s account during investigations. Therefore, if the police investigation is flawed, it needs to be corrected, but the law blocking complainants’ objections has left people with disabilities and related organizations in a state of ‘mental breakdown’."

This is rooted in distrust of the police. Attorney Kim said, "In many cases of abuse against persons with disabilities, even the victim’s intention to file a complaint is ignored. Abuse cases occurring in facilities run by local influential figures are even more concerning. You can think of the movie ‘Dogani’ (Silenced). In such cases, the local police conduct the investigation, but there are often collusive relationships between the police and the influential figures." Director Eun added, "In cases of labor exploitation of persons with disabilities, the police usually treat them simply as wage arrears cases," citing the ‘Salt Farm Slave Cases’ that occurred twice in 2014 and 2021 as examples. These cases involved intellectually disabled persons being abused and confined for long periods while working at salt farms in Sinan County, Jeonnam, causing controversy. At the time, the police reportedly began the investigation treating it as a wage arrears case. He added, "Within the police, the levels of ‘disability sensitivity’ and ‘disability knowledge’ vary and are generally low, so there is always a possibility that the true nature of the case cannot be properly examined."

Legal professionals and related agency workers who assist victims of abuse against persons with disabilities argue that a system should be established to allow a second review of the case after the police’s initial investigation. Under the previous system, where the prosecution reviewed the case a second time upon objection and could order supplementary investigations, there was an opportunity to correct police errors in the first investigation. The prosecution’s legal expertise in reviewing the case greatly helped victims’ recovery during subsequent trials. Government ministries such as the Ministry of Gender Equality and Family and the Ministry of Justice are reportedly closely monitoring this issue. On the 12th, the Gyeongnam Provincial Police Agency held a meeting with related agencies and organizations to gather opinions on protecting and supporting victims of crimes against women, children, and persons with disabilities.