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[Asia Economy Reporter Kim Daehyun] The Supreme Court has upheld a fine against a social worker who played a prank by placing shopping bag strings on the head of a person with a disability.


On the 27th, the Supreme Court's 3rd Division (Presiding Justice Min Yusuk) announced that it upheld the lower court's ruling sentencing social worker Han Mo (38), who was charged with violating the Act on Welfare of Persons with Disabilities, to a fine of 7 million won.


Social worker Han was prosecuted for emotionally abusing A, a person with an intellectual disability level 3, by placing a bundle of shopping bag strings on A's head and playing pranks at a protected workshop for persons with disabilities in Seoul in March 2018.


At that time, Han reportedly made other disabled workers laugh at A or take photos of A, and caused A to pretend to poke their eyes and cry, thereby making A feel ashamed.


Han denied the charges, stating, "I did not place a bundle of strings on the head," and "Although I made A pretend to poke their eyes and cry, this was a behavior A often did before, and it was just for mutual amusement, not to be considered abuse, nor was there any intent to abuse."


The first and second trials found Han guilty and sentenced him to a fine of 7 million won. The first trial court noted, "Although A has an intellectual disability level 3, A consistently and relatively clearly testified from the investigative agency that they were forced to perform the act by Han and felt very embarrassed at the time," adding, "Objectively, it is clear that the act caused the victim to feel ashamed."


The second trial court also ruled, "Emotional abuse against persons with disabilities does not require the purpose or intent of emotional abuse to be recognized," and "It is sufficient if there is a tacit recognition of the risk or possibility that the mental health and development of the person with a disability may be impaired."



The Supreme Court agreed with this judgment. The court stated, "The lower court did not err in its legal interpretation regarding emotional abuse under the Act on Welfare of Persons with Disabilities," and dismissed Han's appeal.


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

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