[Public Defender Report] The Last Year of Jaeyoon Lee: From Train Spotting to Standing Trial

The Last Day at Seoul Station for a 38-Year-Old with Intellectual Disability
System Reform Only Began After Jaeyoon Lee Passed Away
Assignment of Dedicated Prosecutors for Developmental Disabilities
Proposal to Mark Indictments Involving Persons with Disabilities
The Need to Address Lack of Disability Awareness in the Courtroom

Editor's NoteFour out of ten defendants in criminal cases receive assistance from a state-appointed public defender. The public defender system was established to guarantee the constitutional right to legal counsel (the right to assistance of counsel) for suspects and defendants who are unable to appoint a lawyer, often due to financial constraints. As such, "public defender stories" often reflect the wounds and blind spots of our society. Asia Economy's fifth report covers the case of Jaeyoon Lee, who has passed away and become a star, and attorney Son Younghyun.

Morning of September 27, 2023. In front of the entrance to platform 5 in the 2nd-floor waiting room of KTX Seoul Station. Jaeyoon is surrounded by police officers, struggling with them.

Morning of September 27, 2023. In front of the entrance to platform 5 in the 2nd-floor waiting room of KTX Seoul Station. A man was surrounded by six police officers wearing fluorescent vests. The man had taken photos of the riot police deployed for crowd control and stuck out his tongue at them, leading to his being surrounded. At around 9:29 a.m., as the tense standoff continued, "Ptooey!"

The man spat on the cheek of a police officer wearing a patrol cap. Six officers restrained the man by grabbing his neck and twisting his arms behind his back. Ten seconds of silence followed. The man turned around and spat again. The police officers pushed him to the ground. They read him his Miranda rights. The commotion ended. The entire incident was over in four minutes.

This is the story of Jaeyoon Lee, a 38-year-old with a level 1 intellectual developmental disability, who was arrested on the spot for obstructing official duties. The police handed Lee over to the prosecution, and the prosecution brought the case to trial. The Seoul Central District Court assigned the case to Son Younghyun, who was the dedicated public defender at the time.

Attorney Son focused on Lee's motives and actions. Investigators understood Lee, a "person with a disability," to be a participant in the National Solidarity for the Elimination of Discrimination against Persons with Disabilities protest at Seoul Station that day, and believed he had acted threateningly toward police officers to protest against them.

Lee's account was different. As a "train enthusiast," Lee had a hobby of visiting Seoul Station every Wednesday to watch trains. That day was a Wednesday. Lee visited Seoul Station with his activity assistant to see the trains. Coincidentally, a disability rights rally was taking place at Seoul Station. When the police officers lined up blocked his view of the trains, the incident occurred.

During his interrogation that day, Lee stated, "I wanted to go downstairs to see the Mugunghwa train that I like, but the police officers blocked me, so I took pictures of the trains." Lee had been placed in a group facility for people with disabilities at the age of five, but before that, he had memories of traveling by train with his uncle. After becoming an adult, he would buy train tickets four to five times a month to travel to Iksan or Gangneung by train.

An excerpt from the suspect interrogation record of Jaeyoon Lee, dated September 27, 2023. It includes a statement indicating that the purpose of going to the station was not to attend the rally but to watch the train. This part was later reflected in the trial, and the prosecution amended the indictment accordingly.

Attorney Son pursued three main arguments during Lee's trial. ① Lee was not a participant in the protest. He had no awareness that he was obstructing official duties. Therefore, there was no "intent." ② Given Lee's level 1 intellectual disability (IQ 20-34), whether he could be held criminally responsible for this offense needed to be considered from the perspective of public sentiment. Son requested a jury trial. ③ Lee was not investigated by a prosecutor or judicial officer who had received training in developmental disabilities.

Attorney Son also emphasized that Lee's intellectual level was similar to that of a one- to three-year-old child. He argued, "Just as it would be impossible to charge my daughter, who throws a tantrum about wearing a Disney princess dress to kindergarten, with obstructing official duties, it is difficult to hold the defendant criminally responsible from the perspective of a non-disabled person." The prosecution accepted argument ① and, on June 20 of last year, amended the indictment to remove the phrase "participating in a protest." This part was also omitted from the court's verdict in Lee's case.

However, the Seoul Central District Court did not accept the request for a jury trial and, in August of last year, sentenced Lee to a fine of 3 million won. The court stated in its ruling, "It is sufficiently recognized that the defendant had intent to obstruct official duties." Lee was preparing to appeal, but on December 1 of last year, he suddenly passed away. The cause of death was acute pneumonia and diabetes.

After Lee's death, attorney Son continued to file petitions with the National Human Rights Commission regarding the "effectiveness of dedicated prosecutors for people with developmental disabilities." He believed that if a dedicated prosecutor for people with developmental disabilities had handled Lee's case, the outcome might have been different. Perhaps as a result of his efforts, in October of last year, the Seoul Central District Prosecutors' Office received a recommendation from the National Human Rights Commission to assign cases involving people with developmental disabilities to specialized prosecutors. Starting in April of this year, the Supreme Prosecutors' Office has required that all case files involving people with developmental disabilities be clearly marked as such, regardless of whether the case is referred for prosecution or not.

Attorney Son stated, "The late Jaeyoon Lee entered an institution at around the age of five and lived there for nearly 30 years. Shortly after leaving the institution at around age 34, he went through this incident and passed away," adding, "I will continue to work to ensure that people like Lee are not deprived of their right to defense and that criminal justice is not undermined."

On December 1st last year, the memorial altar for the late Lee Jaeyoon, prepared by the Gimpo Center for Independent Living of Persons with Disabilities.
Photo by Gimpo Center