South Korea Confronts Surge in Criminal Cases Involving People With Mental Disabilities (Yonhap)
GWANGJU, Oct. 30 (Korea Bizwire) — South Korea is confronting a troubling rise in criminal investigations and prosecutions involving people with mental disabilities, prompting renewed calls for reforms to safeguard their legal rights.
According to a report released in May by the Judicial Policy Research Institute, criminal cases involving mentally disabled individuals nearly doubled in four years, increasing from 7,817 cases in 2019 to 13,994 in 2023.
The data, cited from prosecutors, also show that these defendants are detained and indicted at disproportionately high rates: the detention rate reached 4.5 percent last year, roughly twice that of the general population, while the indictment rate stood at 54.8 percent compared with 42.2 percent overall.
The report argues that such disparities reflect investigative practices that fail to take mental disabilities into account. Many defendants are first-time offenders, suggesting vulnerabilities rather than entrenched criminal behavior, the authors noted.
The findings gained heightened attention this week after a high-profile retrial involving a father and daughter—both with limited cognitive abilities—long branded as killers in the “cyanide makgeolli” case. A court on Tuesday acquitted the pair, ruling that prosecutors had violated basic rights during interrogations conducted over 16 years ago.
The defendants, the illiterate father and a daughter with an IQ of about 74, were subjected to prolonged questioning without access to counsel or the ability to exercise rights such as silence, review of statements, or accompaniment by a trusted person.
Their lawyer, Park Jun-young, said prosecutors exploited their vulnerabilities instead of providing safeguards.
“There was no adjustment in investigative methods or any protective measures,” Park said, calling on authorities to overhaul procedures to prevent similar injustices.
The policy institute’s recommendations include mandatory screenings to identify disabilities at the start of investigations, noting disability status in indictments, and expanding access to support personnel who can assist defendants during questioning or court proceedings.
Advocates say such reforms are urgent to ensure fair trials and prevent wrongful convictions among those least equipped to defend themselves.
M. H. Lee (mhlee@koreabizwire.com)
Oh, really? And they think of this only now? Obviously, a person who is mentally impaired cannot be held accountable in a criminal case. If there is a danger, the necessary care must be given in advance(living in a closed facility). Now that these two were proven innocent, I hope they get a large sum of money from the government as compensation. And the police that forced their confessions must face trial now!