Sentence of caregiver and hospital director who put pad in patient's anus increased on appeal

Caregiver A: 3 years and 6 months in prison for the 1st trial → 5 years in prison for the 2nd trial
Hospital director's fine increased from 20 million won to 40 million won

A caregiver in her 60s who inserted a piece of sanitary pad into the anus of a patient admitted to a nursing hospital because of difficulty in handling bowel movements appealed against the first trial ruling, but the sentence was increased in the appeal trial compared to the original trial.

According to the legal community on the 7th, the Incheon District Court's Criminal Appeal Division 2-3 (Chief Judge Shin Soon-young) overturned the lower court's sentence of 3 years and 6 months in prison for Mr. A, a Chinese national caregiver who was arrested and indicted on charges of violating the Welfare of Persons with Disabilities Act, and sentenced him to 5 years in prison. In addition, Mr. A was ordered to restrict employment at institutions related to the disabled for 10 years.

The appellate court overturned the original judgment that sentenced Mr. B, the hospital director, who was also indicted on charges of failing to properly manage and supervise the nursing hospital, to a fine of 20 million won and sentenced him to a fine of 40 million won.

Mr. A was arrested and indicted on charges of inserting 10 sanitary pads into the anus of Mr. C, a brain lesion patient, on several occasions at a nursing hospital in Namdong-gu, Incheon from late April to early May. As a result of the investigation, it was revealed that Mr. A committed the crime by cutting the pad on the hospital bed.

During the investigation, the defendant, Mr. A, claimed that “Mr. C had to change his diaper frequently because he had loose stools,” and that “I put a piece of pad into his anus to make it easier to dispose of the stool.”

In the end, Mr. C suffered from anal fissures and bowel dysfunction and was transferred to a university hospital as his condition worsened.

Mr. C's legal representative proved that Mr. C suffered great physical and mental pain due to Mr. A's crime based on the victim's physical evaluation and medical records. In addition, it was proven that appropriate measures were not taken against Mr. B, who had neglected the management and supervision of Mr. A, after the first crime.

Daeryun Law Firm, the legal representative of Mr. C, said, “The caregiver, who is supposed to care for the patient with all sincerity, neglected his duty and committed an inhumane act.” He added, “We are also proceeding with a lawsuit for compensation for the victim’s damages. We plan to do our best to ensure that the victim receives appropriate compensation for his or her pain.”

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Edaily - Sentence increased on appeal for caregiver and hospital director who put pads in patient's anus (Click here)

The Fact - Caregiver who put sanitary pad in patient's anus gets sentence increased on appeal... 3 years, June → 5 years (Shortcut)

Roisch -Caregiver and hospital director who put pads in patient's anus hear appeal and sentence increased again (Click here)

Yonhap News -A caregiver inserting a sanitary pad into the patient's anus... I appealed and the sentence was increased again (Shortcut)