[2026 National Assembly Audit] Employment Restricted for Injuring Elderly, But Not for Causing Death

Nam Insoon Says "Legislative Loophole... Proposes Amendment to Welfare of Senior Citizens Act"

A caregiver at a nursing home who assaulted a resident elderly person, resulting in death, was sentenced to prison but did not receive an employment restriction order under the Senior Welfare Act. This is because offenses such as assault resulting in death are not included among elder abuse-related crimes if they result in death, in contrast to cases where the elderly suffer injuries from assault.

Yonhap News Agency

According to the court ruling submitted by Assemblywoman Nam Insoon of the Democratic Party of Korea to the Supreme Court on October 7, last year, a caregiver at a nursing home in Gunpo, Gyeonggi Province, who assaulted an 86-year-old resident and caused their death, was sentenced to four years in prison for assault resulting in death but was not subject to an employment restriction order.

Under the current Senior Welfare Act, when a court sentences someone for an elder abuse-related crime, it may restrict the operation of or employment at elder care facilities, long-term care institutions, medical institutions, and other elder-related entities for up to 10 years. However, while crimes such as injury, assault, abandonment, and abuse are included as elder abuse-related crimes, offenses resulting in death as defined in the Criminal Act—such as murder, assault resulting in death, injury resulting in death, and abandonment resulting in death—are not included.

The National Police Agency also informed Assemblywoman Nam that "crimes such as murder, assault resulting in death, and injury resulting in death are not considered elder abuse-related crimes under the Senior Welfare Act," and therefore, when checking criminal records, it responds that the person "does not fall into the category of individuals subject to employment restrictions."

Assemblywoman Nam stated, "It is a legislative loophole that those who injure the elderly are subject to employment restrictions, but those who cause their death are not," adding, "I will submit a revision to the Senior Welfare Act to include murder, assault resulting in death, injury resulting in death, and abandonment resulting in death as elder abuse-related crimes."

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