Violation of the 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.

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.

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.

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

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.

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.

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

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

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.

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.

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.

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.