Director of Disabled Care Facility Sentenced to 15 Years for Sexual Assault

A director of the Sae Dong Won facility for individuals with severe developmental disabilities in Incheon has been sentenced to 15 years in prison for sexually assaulting and abusing residents over several years.

The Seoul Central District Court's 29th Criminal Division, led by Judge Eom Gi-pyo, delivered the sentence on September 2 for violations of the Sexual Violence Punishment Act (including rape and injury) and the Welfare of Persons with Disabilities Act.

In addition to the prison term, the court imposed a 10-year ban on employment in institutions related to children, adolescents, and individuals with disabilities, along with three years of probation. However, the court rejected a request from prosecutors for the installation of an electronic monitoring device, citing a low need for reconsideration.

The court found the director, identified as Kim, guilty of multiple counts of rape and injury against intellectually disabled victims under his supervision.

Prosecutors revealed that Kim assaulted a victim, identified as Jeong, and injured her by throwing a glass cup at her head when she resisted.

A key issue in the trial was the credibility of the testimonies from the intellectually disabled victims, who had limited cognitive and communicative abilities. The court stated, "The victims consistently and vividly described the location, circumstances, and emotions they experienced during the incidents in their testimonies at the Sunflower Center and in court," adding, "The detailed descriptions included in their accounts are difficult to fabricate without direct experience, thus establishing sufficient credibility."r />
However, the court acquitted Kim of the charge of raping another victim, identified as Jang, under the Sexual Violence Punishment Act. While the court acknowledged that Kim's actions of forcibly removing the victim's lower garments constituted sexual violence under the Welfare of Persons with Disabilities Act, it concluded that the necessary elements for establishing rape, such as violence or intimidation leading to incapacitation, were not sufficiently proven.

In explaining the sentencing, the court emphasized, "As a facility director, there is a duty to protect vulnerable individuals and prevent abuse. Kim exploited the power imbalance to use the victims as a means to satisfy his sexual desires. The nature of the crimes is extremely poor, and the physical and psychological trauma inflicted on the victims is significant, yet the defendant has made no efforts toward recovery or seeking forgiveness from the victims."