"Jeongin, I'm Sorry" Repeated Adopted Child Death Cases... Lenient Punishments Leading to Tragedy
Similar Cases 16 and 8 Years Ago
Murder Charges Not Applied, No Heavy Sentences
This Time Initially Child Abuse Resulting in Death
Charged with Child Abandonment and Neglect
Prosecutors Considering Changing Indictment
[Asia Economy Reporters Seongpil Jo and Byeongdon Yoo] The most painful aspect of the Jeong-in child abuse death case is the fact that Jeong-in was an adopted child. Our society was plunged into sorrow upon seeing a 16-month-old baby who passed away without ever feeling the presence of proper parents. However, there have been several cases in the past where children, like Jeong-in, died after being abused by adoptive parents. Each time, society demanded severe punishment. Yet, the charges applied to the adoptive parents who committed these crimes were not murder but manslaughter, and the punishments were lenient.
In fact, in 2004, the Seoul Central District Court set a precedent by sentencing a foster mother to probation after she caused the death of an adopted child by placing the child in a bathtub filled with water. The defendant reportedly tied the child's hands and feet with medical compression bandages and left the child alone in the bathroom bathtub while going out, because she believed the child was lying. After returning late at night, she also held the child's head underwater in the bathtub. The child suffocated around midnight that day.
The prosecution applied charges of assault resulting in death. The court found the defendant guilty of assault causing death. However, it sentenced her to a suspended prison term, stating, "The unfortunate outcome occurred as the defendant attempted to correct bad habits quickly through corporal punishment, which she believed to be an effective disciplinary method."
In 2012, a foster mother who adopted a 3-month-old girl and repeatedly beat her to death was also prosecuted. Charged with injury resulting in death, she was sentenced to prison in both the first and second trials but appealed to the Supreme Court. The Supreme Court upheld the guilty verdict for injury resulting in death and confirmed a six-year prison sentence. Had she been charged with murder, a heavier sentence of over ten years in prison would likely have been imposed.
The foster mother who abused Jeong-in has not yet been charged with murder. The Women and Children Crime Investigation Division of the Seoul Southern District Prosecutors' Office (Chief Prosecutor Lee Jung-woo), which investigated the case, applied charges of child abuse resulting in death and child abandonment and neglect against foster mother Jang. To apply murder charges, it must be proven that there was a clear intent to kill the victim and that the force used was sufficient to cause death. The prosecution judged that there was insufficient evidence to prove these points and therefore did not apply murder charges.
The Jeong-in case sparked public outrage due to the police's inadequate initial response. There were three reports of abuse after Jeong-in was adopted, but these were neglected, resulting in the loss of an opportunity to save a precious life. The police later conducted an investigation and applied charges of child abuse resulting in death against Jang, forwarding the case to the prosecution with a recommendation for indictment. However, when the prosecution reached the same conclusion as the police, public anger intensified.
The Korean Women Lawyers Association recently urged that murder charges be applied to Jang and the adoptive father Ahn. In a statement, the association said, "Based on the publicly disclosed evidence of Jeong-in's abuse, there is no difficulty in indicting for murder," and emphasized, "We strongly demand securing the effectiveness of initial investigations in child abuse cases."
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Across society, a wave of mourning is rising, including the ongoing "Sorry Jeong-in" campaign. Initiated by the Korea Child Abuse Prevention Association, this campaign involves writing "Sorry Jeong-in" on A4 paper and posting photos as proof. The prosecution is also reportedly reviewing the possibility of applying murder charges against Jang by requesting a re-examination of the case by a forensic expert last month and considering changes to the indictment.
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