The Prosecution Reconsiders Applying Murder Charges Amid Waves of Mourning for "Jeongin, I'm Sorry"

[Asia Economy reporters Seongpil Cho and Byeongdon Yoo] The prosecution received the case of the '16-month-old Jeongin's abuse death' from the police in November last year. After 18 days of investigation, the prosecution arrested and indicted the adoptive mother, Jang, on charges of child abuse resulting in death, not murder. This was the same conclusion as the police, who had already failed in their initial response. In the legal community, there were remarks that "the prosecution seems to have investigated and prosecuted too passively."

Outstanding Prosecutor of the Republic of Korea Chooses Stability Over Risk

The investigation at the time was handled by the Women and Child Crime Investigation Division of the Seoul Southern District Prosecutors' Office. The person in charge of the investigation was Chief Prosecutor Jeongwoo Lee. He was an outstanding prosecutor who received a commendation for prosecutorial service from President Moon Jae-in in 2017. Chief Prosecutor Lee came to the Seoul Southern District Prosecutors' Office in September last year. Before that, he mainly stayed in less prominent positions such as the Gimcheon branch of the Daegu District Prosecutors' Office. He was selected by Minister of Justice Choo Mi-ae under a personnel policy favoring criminal prosecutors focused on human rights and public welfare.

The investigation team led by Chief Prosecutor Lee announced last month that "Ms. Jang inflicted a strong impact, leading to the death of the adopted child Jeongin." However, they did not apply murder charges, judging that it would be difficult to prove 'dolus eventualis'?that Ms. Jang could have foreseen Jeongin's death due to prolonged abuse. They decided it was safer to secure a conviction by applying child abuse resulting in death charges, regardless of intent.

Civil society organizations, including the Korea Single Mothers Support Network, held a press conference on the 23rd in front of Holt Children's Services in Mapo-gu, Seoul, regarding adoption procedures. They called for a thorough investigation and fact-finding into the adoption process conducted by Holt Children's Services related to the 16-month-old Jeong-in abuse and murder case. They also demanded that the government strengthen public intervention in adoption procedures and establish measures to prevent recurrence. Photo by Moon Honam munonam@

Flood of Public Criticism... Considering Amendment of Indictment

The intent element in murder is psychological. Since it is difficult to objectively prove, if the prosecution fails to prove it beyond a reasonable doubt in court, a not guilty verdict may be rendered. However, the legal community views that the proof depends on the prosecution's willingness to investigate. In fact, in June last year, the Cheonan branch of the Daejeon District Prosecutors' Office applied murder charges to a stepmother accused of locking her 9-year-old son in a suitcase, causing his death. Although the police transferred the case on charges of child abuse resulting in death, the prosecution brought her to court on murder charges. The stepmother was sentenced to 22 years in prison in the first trial after being found guilty of murder.

The investigation team is reportedly considering applying murder charges to Ms. Jang by amending the indictment. This is interpreted as a response to the public criticism following the application of child abuse resulting in death charges. To this end, the team requested a re-examination of the case by a specialist forensic pathologist last month. Depending on the re-examination results, there is a possibility of adding separate preliminary charges of murder. If murder charges are applied to Ms. Jang, the sentence could increase. According to the Supreme Court sentencing guidelines, the basic sentence for murder is 10 to 16 years imprisonment. With aggravating factors, the death penalty is also possible. In contrast, child abuse resulting in death carries a sentence of about 6 to 10 years imprisonment.

Seoul Southern District Prosecutors' Office, Yangcheon-gu, Seoul
Photo by Yonhap News

First Trial on the 13th... Will Senior Officials Appear in a Public Welfare Case?

The first trial of this case will be held on the 13th at the Seoul Southern District Court, Criminal Division 13 (Presiding Judge Hyukjae Shin). The prosecution is expected to express its opinion on whether to amend the indictment on that day. There is also a possibility that Chief Prosecutor Lee will appear in court. In cases of high public interest, the head of the investigation team sometimes directly handles prosecution in court. However, there is no known precedent of senior prosecutors at the level of chief prosecutor or above appearing in court for such public welfare cases.

Jeongin was adopted by the Jang couple in February last year. There were three reports of child abuse afterward, but the police failed to find evidence of abuse and returned Jeongin to her parents. Jeongin passed away in October of the same year. The autopsy revealed that Jeongin's pancreas was severed, and the mesentery of the small and large intestines was torn in several places. Bruises were found all over her body, along with signs of fractures.

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