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Practice Areas

Violation of the Act on Welfare of Persons with Disabilities

A violation of the Act on Welfare of Persons with Disabilities is subject to aggravated punishment compared with the general Criminal Act. To protect the dignified life and rights of persons with disabilities, you should avoid becoming subject to criminal punishment by violating the Act on Welfare of Persons with Disabilities.

CONTENTS
  • 1. Violation of the Act on Welfare of Persons with Disabilities | Definition
    • - Act on Welfare of Persons with Disabilities
  • 2. Violation of the Act on Welfare of Persons with Disabilities | Types
    • - Physical Abuse
    • - Emotional Abuse
    • - Sexual Abuse
    • - Economic Exploitation
    • - Abandonment and Neglect
  • 3. Violation of the Act on Welfare of Persons with Disabilities | Penalty Levels
    • - Physical Abuse
    • - Emotional Abuse
    • - Sexual Abuse
    • - Economic Exploitation
    • - Abandonment and Neglect
    • - Penalty Levels as Seen Through Relevant Case Law
  • 4. Violation of the Act on Welfare of Persons with Disabilities | Methods of Response
    • - When Denying the Charges
    • - Seeking to Reduce the Penalty
    • - Seeking to Proceed with a Settlement
    • - Responding to Legal Proceedings
  • 5. Violation of the Act on Welfare of Persons with Disabilities | When Responding Alone Is Difficult

1. Violation of the Act on Welfare of Persons with Disabilities | Definition

Daeryun Criminal Group practice area for violation of the Act on Welfare of Persons with Disabilities

A violation of the Act on Welfare of Persons with Disabilities refers to an act that breaches a duty prescribed by the Act on Welfare of Persons with Disabilities or that discriminates against a person with a disability.

Act on Welfare of Persons with Disabilities

The Act on Welfare of Persons with Disabilities has the purpose of guaranteeing a life and rights worthy of human dignity for persons with disabilities and contributing to social integration through the welfare of persons with disabilities and the promotion of their participation in social activities.

A person with a disability under the Act on Welfare of Persons with Disabilities is a person who, due to a physical or mental disability, is substantially restricted in daily life or social life over a long period.

A physical disability refers to a disability of a major external bodily function or a disability of an internal organ, and a mental disability refers to a disability arising from a developmental disorder or mental illness.

2. Violation of the Act on Welfare of Persons with Disabilities | Types

Types of violations of the Act on Welfare of Persons with Disabilities include physical abuse, emotional abuse, sexual abuse, economic exploitation, and abandonment or neglect.

Physical Abuse

Physical abuse refers to acts that injure the body of a person with a disability or cause them pain, and it includes physical violence such as assault, bodily injury, and unlawful confinement.

▷ Striking with the hands, feet, or a tool, or inflicting an injury on the body

▷ Forcing a person to undergo unwanted surgery or a procedure (for example, abortion, tattooing, or sterilization)

▷ Restricting movement or controlling entry and exit, such as by tying up or confining a person

▷ Coercive acts such as disturbing sleep or keeping a person seated upright and unable to move

▷ Forcibly feeding an excessive amount of food or stimulating food for the purpose of causing pain

Emotional Abuse

Emotional abuse is conduct that inflicts harm on the mind, and it includes not only verbal violence such as abusive language, threats, ridicule, and disparagement, but also nonverbal violence such as ignoring or collectively ostracizing a person, and cruel acts that compel humiliating conduct.

▷ Threats or intimidation that instill fear

▷ Verbal violence such as repeated disparagement, insults, ridicule, and verbal abuse

▷ Conduct that ostracizes or isolates a person, or an attitude that treats the person as if disregarding their existence

▷ Conduct that compels religious activities or forces a person to follow particular beliefs

Sexual Abuse

Sexual abuse refers to sexual violence or cruel acts such as sexual harassment, sexual molestation, and sexual assault.

▷ Sexual molestation and sexual assault

▷ Sexual harassment

▷ Demanding or coercing prostitution

Economic Exploitation

Economic exploitation refers to conduct that exploits the victim's disability to unjustly infringe on their labor, money, or rights with property value, and thereby causes economic loss.

▷ Exploitation of labor

▷ Taking property by assault, intimidation, or the like

▷ Misappropriating property through deception

▷ Stealing identity to misappropriate property or to create debt

Abandonment and Neglect

Abandonment and neglect refer to conduct in which a person under a duty of protection fails to fulfill that responsibility, thereby creating a danger to the life or body of the victim.

Of these, abandonment means the intentional desertion of a person with a disability by someone who has a duty of protection and supervision, while neglect refers to a case in which even the minimum protection is not provided to a person with a disability who is entitled to protection and supervision.

▷ Abandoning a person with a disability in an unfamiliar place other than their original residence and cutting off contact

▷ Markedly neglecting basic subsistence needs such as food, clothing, and shelter

▷ Leaving a person unattended without taking any measures despite knowing that medical treatment such as care or surgery is required

▷ Providing no basic support such as education or rehabilitation training

3. Violation of the Act on Welfare of Persons with Disabilities | Penalty Levels

Summary of the level of punishment for violation of the Act on Welfare of Persons with Disabilities

In the case of a violation of the Act on Welfare of Persons with Disabilities, the matter does not stop at the application of the Criminal Act, and aggravated punishment may be imposed under the Act on Welfare of Persons with Disabilities.

Physical Abuse

Where bodily injury is inflicted

Imprisonment for not more than 7 years or a fine of not more than 70 million won

Where assault is committed

Imprisonment for not more than 5 years or a fine of not more than 50 million won

Where a person is arrested or confined

Imprisonment for not more than 5 years or a fine of not more than 50 million won

Where a person is made to perform acrobatic acts

Imprisonment for not more than 1 year or a fine of not more than 10 million won

Emotional Abuse

Emotional abuse that harms mental health and development

Imprisonment for up to 5 years or a fine of up to 50 million won

Sexual Abuse

Sexual harassment and sexual violenceImprisonment for up to 10 years or a fine of up to 100 million won

Economic Exploitation

Forcing unwanted labor through assault, intimidation, confinement, or similar means

Imprisonment for up to 7 years or a fine of up to 70 million won

Making a person with a disability beg, or using a person with a disability to beg

Imprisonment for up to 5 years or a fine of up to 50 million won

Using money or goods donated or paid to a person with a disability for a purpose other than intended

Imprisonment for up to 3 years or a fine of up to 30 million won

Abandonment and Neglect

Abandonment and neglectImprisonment for up to 5 years or a fine of up to 50 million won

Penalty Levels as Seen Through Relevant Case Law

Seoul Northern District Court, judgment of August 10, 2023, 2023 Gojeong 353

The defendant was a person working as a social worker, and the victim was a person with a level 2 intellectual disability who used the relevant center.

The defendant took away the gloves the victim was wearing and kicked the victim's legs, inflicting physical assault on several occasions, which established the crime of violating the Act on Welfare of Persons with Disabilities.

In the end, the court sentenced the defendant to a fine of 3 million won.

Changwon District Court, judgment of March 8, 2023, 2022 Godan 1321

The defendant was a resident living in the same apartment building as the victim, and the victim was a person with a visual impairment.

The defendant pushed the victim down and struck or stomped on several parts of the victim's body multiple times, inflicting severe assault and causing an injury requiring about two months of treatment.

This conduct established the crime of violating the Act on Welfare of Persons with Disabilities, and the court sentenced the defendant to six months of imprisonment.

4. Violation of the Act on Welfare of Persons with Disabilities | Methods of Response

A violation of the Act on Welfare of Persons with Disabilities is not subject to the rule for crimes not punishable against the victim's will even if a settlement is reached with the victim, so criminal punishment may still follow.

Merely asserting that one was unaware may instead place a person in a disadvantageous position during the investigative agency's inquiry, so care is required.

When Denying the Charges

In a case involving a violation of the Act on Welfare of Persons with Disabilities, where the charges are denied, it is necessary to prove, through objective materials and statements, that the conduct toward the person with a disability did not amount to an unlawful act such as assault, abandonment, or neglect.

In particular, the status as a person with a duty of protection, the intent behind the conduct, and whether the conduct was repeated often become issues, so it is advisable to organize the facts around these points.

→ A detailed account of the circumstances at the time of the conduct

→ Securing statements regarding the victim's condition and reaction

→ Securing supporting circumstantial materials such as CCTV, witness statements, and communication records

→ Presenting grounds showing the absence of intent to assault or neglect

Seeking to Reduce the Penalty

Cases involving a violation of the Act on Welfare of Persons with Disabilities are regarded as crimes against the socially vulnerable, so sentences tend to be imposed heavily.

However, factors such as whether the person is a first-time offender, the circumstances of the act, and efforts to prevent reoffending may be taken into account in sentencing.

→Preparing materials that can demonstrate that no direct injury was caused to the victim

→ Securing basic materials, such as a criminal record check, that can prove first-time offender status

→ Organizing one's conduct and expressions of remorse after the incident

→ Carrying out and documenting substantive efforts to improve, such as completing education related to persons with disabilities and volunteering at facilities

Seeking to Proceed with a Settlement

In a case involving a violation of the Act on Welfare of Persons with Disabilities, a settlement with the victim does not serve as a means of avoiding punishment, but it may have a positive effect on sentencing.

However, where the victim is a resident of a facility or has a guardian, a settlement procedure through a legal representative may be needed.

→Reviewing the possibility of a settlement with the victim or guardian and organizing the settlement terms

→ Preparing a plan for payment of settlement money and a method for drafting the settlement agreement

→ Including in the settlement agreement the specific facts, the content of the damages, a promise to prevent recurrence, and similar items

Responding to Legal Proceedings

In the investigation or trial process, the suspect's attitude in responding is directly reflected in the level of punishment.

In particular, because crimes against persons with disabilities carry a high likelihood of social criticism, a consistent position based on the facts and an attitude of complying with procedures are more important than emotional reactions or fragmentary statements.

→Organize the gist of your statement and prepare the necessary factual materials before appearing at the police

→ Regardless of whether the charge is admitted, organize the route of contact with the victim, the circumstances, and similar matters in detail

→ Prepare in advance the documents needed for the proceedings (written statements, letters of apology, etc.)

→ Submit requested materials sincerely within the deadline and cooperate actively with the proceedings

5. Violation of the Act on Welfare of Persons with Disabilities | When Responding Alone Is Difficult

Daeryun practice area, criminal defense assistance for violation of the Act on Welfare of Persons with Disabilities

Because a crime involving a violation of the Act on Welfare of Persons with Disabilities is subject to aggravated punishment compared with the general Criminal Act, it is advisable to prepare a response promptly from the early stage of the case.

Based on case data, this firm provides a tailored strategy suited to the client's circumstances and step-by-step assistance from the early stage of the case through to resolution.

In addition, working with its own evidence investigation and digital forensics center, the firm focuses on securing and analyzing evidence to obtain objective materials such as the path of contact with the victim, CCTV footage at the time of the assault, and call and text message records.

If you are facing difficulty after becoming involved in a case concerning a violation of the Act on Welfare of Persons with Disabilities, please request assistance from a criminal defense attorney at Daeryun Law Firm.

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