[Exclusive] Over Half of Filicide Cases Involve 'Mental Illness'... Court: "Not Malignant Manifestation, Treatment Needed"

An Accidental Crime... Ongoing Family Conflicts
Remaining Family Members "Seek Leniency"
US Courts, Police, and Community Agencies Collaborate to Support Rehabilitation

More than half of the people who committed parricide in South Korea were found to have mental disabilities or illnesses. An analysis by Asia Economy of 26 guilty verdicts from the first to third trials of parricide cases last year revealed that many offenders with mental disabilities or illnesses, who had not received proper treatment or management, committed impulsive crimes after conflicts with their families. It was also found that they did not receive help for treatment or rehabilitation even after their release.

Among the 26 parricide offenders convicted by Korean courts last year, 16 defendants had mental disabilities or illnesses. Of these, 13 had schizophrenia, and one each had borderline intellectual disability, intellectual disability, and bipolar affective disorder.

Most defendants with mental disabilities or illnesses received reduced sentences due to 'diminished mental capacity.' Their average sentence was 14 years. Under Korean criminal law, if the murder victim is a parent or grandparent, the sentence is aggravated. In such cases, 'ordinary motive murder' carries a sentence of 15 years or more, and 'blameworthy motive murder' with a revenge purpose carries a heavy sentence of 18 years or more. Defendants with mental issues effectively did not receive aggravated sentences. However, the defendant with bipolar affective disorder was sentenced to 20 years in prison because economic motives were involved, such as taking valuables after the parricide and spending them at entertainment establishments.

There were 10 defendants without mental issues. They committed parricide due to conflicts such as domestic violence or economic reasons. Among them, three were victims of domestic violence. Two defendants committed parricide because they targeted their parents' valuables or because their parents did not give them money. The other five committed the crime for reasons such as exhaustion from caring for their parents, drinking excessively and being nagged, or being blocked while attempting self-harm. Their average sentence was 15 years, which falls within the aggravated punishment range for ordinary motive murder. The highest sentence among them was 27 years, and the lowest was 4 years. The defendant who received 4 years had neglected and killed their parents after long-term caregiving exhaustion; the court considered the caregiving burden and the fact that no weapons were used when imposing a lighter sentence.

Family Conflicts Behind Parricide... Remaining Family Members Seek Leniency

Most defendants with mental disabilities or illnesses committed parricide impulsively. Among the 16, 13 committed the crime impulsively after conflicts with their families. Of these, seven were involved as perpetrators or victims of domestic violence. Some defendants killed their fathers after being verbally abused, while others killed their mothers after habitual physical abuse.

Among defendants with mental issues, 10 out of 16 had remaining family members who requested leniency from the court. Although they took their parents' lives, the families preferred treatment over imprisonment. Some courts stated in their rulings, "There is no manifestation of inherent antisocial or malicious tendencies in the defendant. Continuous treatment is necessary as the defendant is in a state of mental illness."

Defendants with Mental Illnesses or Disabilities at High Risk of Reoffending... U.S. Employs Interagency Collaboration

Whether parricide or other crimes, defendants with mental disabilities or illnesses are at high risk of reoffending after release. Their condition improves while receiving treatment and custody as ordered by the court, but after their sentence ends and they are released, they often return to situations where they cannot receive proper treatment. They can register with mental health welfare centers or apply for outpatient treatment after release, but since it is not mandatory, most are neglected. This leads to a high recidivism rate. As of 2021, the three-year recidivism rate among all mentally ill offenders in South Korea was 66%.

In the United States, courts, police, and community agencies collaborate to help mentally ill released offenders settle in the community. The police 'Crisis Intervention Team' (CIT), which started in Memphis, handles crimes involving mentally ill individuals exclusively. This organization was established to quickly address crimes committed by mentally ill persons. After arresting a mentally ill person, the CIT connects them directly to community agencies capable of treatment rather than to a police station. Police officers and community agency personnel involved receive specialized training on handling mentally ill offenders.

Professor Kim Do-woo of the Department of Police Science at Gyeongnam National University said, "Currently, South Korea's post-release offender management system is limited to sex offenders and others. The Ministry of Justice, which operates the probation system, should lead a government-wide effort to ensure related agencies provide sufficient treatment and management for released offenders with mental illnesses or disabilities."