South Korean care home director jailed for 15 years for sexual abuse

A court in Seoul has sentenced the director of a state-run care home for disabled residents to 15 years in prison for sexual assault, a case that has sent shockwaves through South Korea and highlighted systemic failures in protecting vulnerable individuals.

The director, identified only by his surname Kim, was convicted of raping two residents and a lesser charge of sexual violence against a third. Prosecutors had sought a 20-year sentence, but the judge cited the inability to prove rape in the third case due to a lack of conclusive evidence of force or threats that rendered the victim unable to resist.

Kim has denied all allegations and is appealing the conviction.

Abuse in a State-Funded Facility

The case at the Saekdongwon facility, which houses intellectually disabled individuals, came to light when one resident, identified as Seo Mi-hyeon, disclosed the abuse to her mother after suffering a head injury during an attempted assault by Kim. Seo, who has an intellectual disability, had lived at the facility since 2016 and reported that the abuse began shortly after her arrival.

Seo's mother reported the incident to the police after taking her daughter home. An investigation subsequently identified at least two other victims, including Lee Mi-Na, who also alleged rape by Kim. The court found the testimony of all three victims credible. The judge noted that Kim's actions were "particularly reprehensible" as he "exploited the imbalance of power" with his victims despite his professional duty to protect them.

Concerns Over Investigation and Sentencing

Disability rights groups have criticized the court's sentencing, particularly the reduced charge in one case, arguing that a victim's ability to resist should not influence the verdict. They also pointed to a report commissioned by local authorities that suggested at least 10 residents may have been sexually assaulted by Kim, a finding the court did not address. Investigators reportedly struggled to gather detailed accounts from residents with severe communication difficulties.

"If victims express their experiences differently from the way we expect, shouldn't the state make a greater effort to hear their voices?" asked Baek In-seong of Hansahoe, a counseling center for survivors of sexual violence with disabilities. Police acknowledged potential shortcomings in individual instances but stated they should not represent the investigation as a whole.

Additionally, the submission of 13 petitions seeking leniency for Kim, including one from a social welfare organization highlighting his "contribution to the welfare sector," drew condemnation from advocacy groups. Welfare advocacy group Gyeol stated, "Past service in the welfare sector does not exempt anyone from accountability."

Systemic Failures and Calls for Change

The case has renewed scrutiny on South Korea's protection laws for people with disabilities, which were strengthened in 2011 following a similar scandal involving a school for deaf children. Despite these laws and regular inspections, abuse persisted at Saekdongwon. Local authorities admitted that inspections primarily focused on paperwork and residents were interviewed only when specific issues arose.

In response to the incident, the South Korean prime minister ordered the formation of a cross-government response team. The government has since inspected over 1,500 residential facilities for disabled people nationwide, identifying 33 suspected abuse cases, with investigations opened into eight. Plans are underway to strengthen inspections and improve inter-agency collaboration.

Ganghwa County has ordered Saekdongwon to close and revoked the operating foundation's license, though the closure is pending the relocation of residents. The local government is developing independent living support plans for the 33 residents.

Seo, who has since left Saekdongwon, expressed a desire for peace and the ability to live without fear. "I hope there can be a facility without sexual violence, where disabled people like us can live in peace," she stated.