Saekdongwon Director Sentenced to 15 Years in First Trial for Sexual Assault of Disabled Residents

Court: "Crimes Committed by Exploiting Power Imbalance"
10-Year Employment Ban and 3 Years of Probation Ordered

The former head of Saekdongwon, a residential facility for people with severe disabilities, who was indicted on charges of sexually assaulting female residents, has been sentenced to 15 years in prison in the first trial.

Kim, director of Saekdongwon, a residential facility for people with severe disabilities, who is accused of forcing sexual intercourse or similar sexual acts on female disabled individuals under the pretext of life guidance (charges under the Act on the Punishment of Sexual Crimes including Rape of Disabled Persons and Assault under the Welfare of Disabled Persons Act), is leaving the Seoul Central District Court in Seocho-gu, Seoul, on February 19 after completing his detention hearing. Photo by Yonhap News Agency

The 29th Criminal Division of the Seoul Central District Court (Presiding Judge Eom Gipyoin) sentenced Kim, the former head of Saekdongwon, to 15 years in prison on September 2 for violations of the Act on the Punishment of Sexual Crimes (rape resulting in injury, among others) and the Act on Welfare of Persons with Disabilities, following his detention and indictment. The court also restricted his employment at organizations related to children, adolescents, or people with disabilities for 10 years each and ordered three years of probation.

The court stated that Kim, despite being a social worker at a welfare facility for persons with disabilities and a mandatory reporter of child abuse crimes, "used the power imbalance to exploit victims with limited cognitive ability or capacity to resist, using them as tools to satisfy his own sexual desires," and concluded, "The nature of the crimes is extremely egregious." The court also considered Kim's lack of efforts to provide restitution to the victims as a factor against him.

However, the court dismissed the order for electronic monitoring, stating, "It is difficult to conclude there is a risk of recidivism requiring an electronic monitoring device." The court explained that the custodial sentence, conditions of probation, order to complete a sexual offender treatment program, and employment restrictions are sufficient to deter repeat offenses.

Kim was indicted for raping A in a room inside Saekdongwon in Ganghwa-gun, Incheon, and in the hallway of the second-floor cafeteria in February last year, as well as for throwing a glass at A and causing injuries that required two weeks of treatment. He also faced charges of raping B in a restroom at the facility between May 2012 and February 2023, and raping C in a living room between February and July of last year. In December 2021, he was additionally charged with striking D’s palm 34 times with a drumstick. All victims were reported to have severe intellectual disabilities.

Kim admitted to the assault charge against D, but denied the sexual assault accusations. Kim’s defense argued that the victims' testimonies were unreliable, CCTV cameras were operating, and there were night staff present, making the crimes impossible. They also claimed that the specific times of the offenses against B and C had not been established.

However, the court did not accept these arguments. The court noted, "The mere facts that CCTV cameras were operating and that night staff were present do not mean it was impossible for offenses to occur at night or in the early morning hours."

The court also rejected the claim that the times of the offenses were not clearly specified. "Given the nature of sexual crimes, for which it is often difficult to obtain objective evidence aside from victim statements, it may have been unavoidable to specify the timeframes only in broad terms," the court explained, "There is no infringement of the defendant's right to a defense, as the facts can still be distinguished from other crimes."

The credibility of testimony from victims with severe intellectual disabilities, who have difficulty communicating, was a key issue. The court acknowledged the reliability of A’s testimony, noting that A described their experiences at Sunflower Center using words and gestures they knew, and testified to the same effect in court. The court emphasized, "The testimony includes descriptions of the defendant’s unique actions and specific events that would be difficult to fabricate without direct experience."

Three statement analysts who conducted a CBCA (Criteria-Based Content Analysis) of A’s testimony unanimously opined that it was highly unlikely the testimony was false. A gynecologist who examined A also provided a medical opinion stating, "The findings are more consistent with a pattern of insertional mechanical trauma and abuse."

However, Kim was acquitted of the charge of raping a disabled person under protective care, under the Act on the Punishment of Sexual Crimes, with respect to C. That provision punishes those who rape a person with a physical or mental disability using force or threats. The court said, "It is difficult to conclude that pulling down the pants and underwear of a sleeping victim and inserting a sex organ into the victim's genitals when they awoke constitutes the exercise of 'tangible force' such as violence or threats."

The Saekdongwon case began in March of last year after allegations surfaced that a female resident had been sexually assaulted. According to an in-depth investigation report commissioned by Ganghwa-gun, it was found that all 17 current female residents and two former residents—a total of 19 people—had reportedly suffered sexual abuse. Police identified at least six victims and referred the case to prosecutors. However, the prosecution charged Kim based only on allegations involving three victims, for whom sufficient evidence was deemed to exist.

This content was produced with the assistance of AI translation services.