[Public Defender Report] Hyunwoo, a Person with Developmental Disabilities, Found Guilty for 'Helping'

A Person with Developmental Disabilities Offers His Room
to Runaway Teenagers Instead of a Shelter
Prosecuted for 'Failing to Report'
Receives Suspended Fine Sentence

Editor's NoteFour out of ten defendants in criminal cases receive assistance from a public defender. The public defender system was established to guarantee the constitutional right to counsel for suspects or defendants who are unable to appoint a lawyer, mainly due to financial difficulties. As such, "public defender stories" often reveal the wounds and blind spots of our society. Asia Economy's fourth report covers the case of Mr. Hyunwoo (pseudonym), who aspires to become a social worker, and lawyer Son Younghyun.

The investigation and trial as seen from Hyunwoo's perspective. On July 3rd, right after the verdict, when asked how the investigation and trial process were, Hyunwoo drew this picture himself. In the actual police investigation stage of this case, the right to request the presence of a trusted person was not guaranteed, leading the court to dismiss the evidentiary value of the suspect interrogation record.

'I ran away from home. Please help me.' On the night of March 10, 2024, Kim Hyunwoo (34, pseudonym), a person with developmental disabilities, read this message posted on Facebook and reached out. It reminded him of his own teenage years, when he had run away from home, wandered the streets, and experienced homelessness. At 1:29 a.m. the next day, a car carrying two girls, aged 17 and 18, arrived in front of Hyunwoo's house. Hyunwoo paid their taxi fare and brought them into his home at around 1:39 a.m. The girls told Hyunwoo, 'We are in a same-sex relationship, and our parents strongly oppose it, so we left home.'

Hyunwoo, who also works as a counselor at a center for people with developmental disabilities and hopes to become a social worker, tried to persuade the girls by saying, 'Why don't you go to a shelter?' However, when they refused, he let them sleep in a separate room. The next day, he even cooked ramen for them. At 10:37 a.m. on March 11, after spending the night at Hyunwoo's house, the two girls left after about nine hours. Hyunwoo sent them 10,000 won for coffee via automatic transfer.

However, this incident led to Hyunwoo becoming a defendant. One of the girls he sheltered had already been reported missing by her father at around 11:18 p.m. that night. After receiving a 112 emergency call, the police tracked the girls and confirmed that, at 6:42 p.m. on March 10, the two girls had taken an unidentified taxi from in front of a coffee shop. Security CCTV footage captured the two missing girls getting out of the taxi at around 1:27 a.m. on March 11 on a street in Seoul, and then entering somewhere with 'a man.' That man was Hyunwoo.

Hyunwoo was investigated by the police on suspicion of violating the Missing Children Protection Act. The police referred the case to the prosecution, and the prosecutor brought Hyunwoo to trial. The reason was that he had sheltered missing children without reporting it and without 'justifiable reason.'

Seoul Central District Court Public Defender Yonghyun Son.

This case was assigned to the Women's and Children's Crime Investigation Division 2 of the Seoul Central District Prosecutors' Office, and the prosecution indicted Hyunwoo. The Seoul Central District Court, which handled the trial, appointed public defender Son Younghyun (pictured) to represent Hyunwoo.

Several circumstances were unfavorable for Hyunwoo. The girls who stayed at Hyunwoo's house had run away from home, posted messages on Twitter such as '1st-year high school short-haired girl. 3rd-year middle school bobbed-hair girl. Looking for a helper. Please pick us up,' and had previously traveled to the homes of people who contacted them and engaged in sexual relations. However, there was no such incident involving Hyunwoo.

Lawyer Son focused on three key issues: 1) The investigation was not conducted by a prosecutor specializing in developmental disabilities, which is a procedural problem. The indictment should be dismissed. 2) Hyunwoo made arrangements for the missing children to sleep in separate, isolated rooms, which constitutes a 'justifiable reason' for sheltering them. 3) Hyunwoo, a person with intellectual disabilities who had worked as a peer counselor at a welfare center, tried to help the victims by exercising empathy. Hyunwoo's diminished mental capacity should also be recognized.

People with borderline intellectual functioning (full-scale IQ 64) like Hyunwoo may appear normal at first glance, but have poor reasoning and cognitive abilities and struggle to control their impulses. Hyunwoo is also undergoing medication for intellectual disability and bipolar disorder. His social intelligence is assessed to be at the level of an elementary school student. However, because he is trusting and easily deceived, he has been involved in fraud cases and is unable to properly exercise his right to defense during investigations or trials.

Colleagues who testified at Hyunwoo's trial stated that 'as a peer counselor with developmental disabilities, he is unable to distinguish between his social and private self, and the incident occurred because he does not seek personal gain or calculation.' A colleague from the welfare center wrote in a petition, 'Hyunwoo acts immediately, hoping his sincerity will reach others in the moment.'

Lawyer Son also presented as evidence the police testimony of one of the girls who stayed at Hyunwoo's house: '(There was no sexual activity in that house.) He let us sleep in a different room.' The National Association of Parents of Persons with Disabilities also submitted a petition to the court, stating, 'The root cause of this incident lies in the lack of connection between the system supporting people with developmental disabilities and the system for promptly rescuing missing children, as well as the inadequate social safety net.' They added, 'Branding him a criminal and imposing punishment brings deep despair to him and his family.'

Evidence records presented by lawyer Younghyun Son in the defense opinion for Mr. Hyunwoo's case. Testimonies of the children who lived at Mr. Hyunwoo's house. It can be confirmed that at the time, Mr. Hyunwoo made arrangements for the children to sleep in separate, isolated rooms.

However, Hyunwoo was not acquitted. The prosecution showed CCTV footage of Hyunwoo smoking and bringing the girls into his house, asking, 'Didn't you know they were minors?' The court did not accept the argument that the absence of a prosecutor specializing in developmental disabilities in Hyunwoo's indictment constituted grounds for questioning the legitimacy of the prosecution.

On July 3, the Seoul Central District Court sentenced Hyunwoo to a 1 million won fine, suspended. In its verdict, the court stated, 'Due to the defendant's unreported sheltering of the missing children, their runaway status was prolonged, and as a result, their prompt discovery and return to their families was delayed.'

When Hyunwoo met with our reporter immediately after the first trial verdict on July 3, he said, 'I just wanted to help, and it reminded me of my own past,' adding, 'If those girls had slept outside, bad people might have taken advantage of them.'

A drawing by Hyunwoo immediately after the verdict, depicting his future aspiration. The drawing reflects Hyunwoo's wish to become a person who helps others.