Case Handled as Accidental Death Despite Suspected Child Abuse
Request for Investigation Review of Incident from Seven Years Ago

An application has been filed requesting a review of whether the police acted appropriately in concluding their preliminary investigation (prior to formal case registration) into the death of a 44-month-old girl in Seongbuk District, Seoul, seven years ago.


Ms. A (right) and her older sister who died from head injuries. Photo by Yonhap News

Ms. A (right) and her older sister who died from head injuries. Photo by Yonhap News

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On the 13th, Yonhap News reported that on September 7, Mr. B, the father of Miss A—who died on June 28, 2019, due to head injuries—applied to the Seoul Metropolitan Police for an investigation review. He asked the review panel to examine whether the decision by the Seongbuk Police Station to find no suspicion of crime during the preliminary investigation and to conclude the case as "no suspicion" was appropriate.


Previously, Miss A was found to have bruises and wounds all over her body, leading emergency room staff to suspect child abuse. However, the police did not formally register a case and treated it as an accidental death. During a statement at the Sunflower Center, Miss A's older sister disclosed that their stepmother had forced Miss A to eat hot sauces and other spicy condiments as punishment. The National Forensic Service (NFS) found capsaicin in Miss A’s blood as a result of an autopsy. Considering these facts, Mr. B claims that a thorough investigation into potential child abuse by the stepmother and others is necessary.


In its autopsy report, the NFS wrote, “It is presumed that Miss A ingested a considerable amount of capsaicin, but it is doubtful whether she consumed it herself. The head injury significantly contributed to her death, and her overall deteriorated physical condition (such as severe dehydration) was also a factor.” Furthermore, the report stated, “It is difficult to determine the mechanism of the head injury based on the autopsy findings alone and there were no evident signs of external involvement. However, it cannot be completely ruled out, as there were circumstances, such as the detection of capsaicin, that are difficult to believe were self-inflicted and may indicate abuse by another person.”


Additionally, photos of Miss A attached to the NFS report showed bruising or subcutaneous hemorrhages on her head, torso, both arms, and both legs—indicating injuries across her entire body.


Mr. B, who was frequently on business trips and therefore unable to directly witness signs of abuse, argues that an investigation is necessary regarding the presence of capsaicin, the cause of her head injuries, and the causes of trauma throughout her body based on the contents of the NFS report.


Meanwhile, an investigation review can be requested by parties such as complainants or accusers if they believe that the investigation process or outcome was unjust or improper. The review committee can instruct actions such as supplementary investigation, re-investigation, expedited processing, or transfer or reassignment to another department or police station. Although the instructions are not legally binding, it is difficult to refuse them without a valid reason.



If the application is deemed warranted, an Investigation Review Committee consisting of external experts such as lawyers and legal scholars will be convened.


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