[Forensic Life] The Death of a 16-Month-Old Child

Forensic Autopsy Determines 'Abuse'... Adoptive Parents Deny
Pancreas Severed, Head and Arm Fractures... Typical Signs of Abuse
Rising Trend Calls for Efforts to Eradicate Child Abuse

If you ask forensic pathologists in South Korea which autopsies they want to avoid, most would say autopsies of deceased children. When a child who barely takes up half of the cold, large stainless steel autopsy table is brought in, it feels like a part of your heart breaks. Anyone, not just a forensic pathologist, would feel this way. Some forensic pathologists even ask others to take on child autopsies, especially if they have children of similar ages themselves.

When reading the crime scene photos and statements brought by detectives after a child’s death, it sometimes makes you angry, wondering what South Korea, struggling with an extremely low birth rate in the 21st century, is doing. The death of a child usually leads to intense disputes in court. The prosecution and defense sharply clash over claims that no external force was applied, and hearing the forensic pathologist’s testimony has now become an established procedure.

From the moment they stand as a witness in court, forensic pathologists face intense attacks from the defendant’s lawyer. Starting with doubts about the forensic pathologist’s credibility, they are often burdened by questions about whether they can be 100% certain in reconstructing the actual incident.

When you receive a phone call abruptly saying, “This is Detective ○○○ from ○○ Police Station. Professor, are you available today?” it usually means a major case. That day, I received a call at 11:40 a.m. notifying me they would come at 2 p.m., which caught me off guard. I postponed my originally planned experiment data review and waited. Two detectives arrived: an older man and a young female detective. After exchanging greetings and business cards, the conversation began immediately.

“Did you see the news? A child died in our jurisdiction. The autopsy was done by the National Forensic Service, but the child’s mother insists she never harmed the child. We would appreciate your opinion, Professor.” Usually, when the National Forensic Service conducts an autopsy, the cause of death is clear and there are no issues, but occasionally suspects deny their actions. In such cases, university forensic pathologists are consulted. The case was one I had briefly seen in the morning news.

“A 16-month-old child died from a ruptured pancreas, but the mother?more precisely, the adoptive mother?continues to claim she never used violence. She says she once dropped the child because her arm hurt after chest surgery, but can such injuries occur from that?” I carefully reviewed the child’s autopsy results.

The child had a recently severed pancreas in the abdomen with 600 ml of blood pooled inside. There were also signs of torn mesentery (part of the peritoneum) that appeared adhered to surrounding tissues, indicating continuous physical force from about three weeks prior until recently. Besides abdominal injuries, fractures in the skull and arm bones at various times were observed, consistent with typical physical abuse. Clear signs of prolonged abuse were evident on the child’s body.

The prosecution charged the adoptive mother with murder and, as a subsidiary charge, violation of the Special Act on the Punishment of Child Abuse Crimes (child abuse resulting in death), adding a violation of the Child Welfare Act. When I participated as an expert witness in the first trial, I saw the adoptive father and mother’s faces for the first time. They appeared to be respectable middle-class individuals. When I pointed out contradictions in the adoptive mother’s testimony, she looked up at me with sharp eyes, but her appearance did not suggest she would commit such cruel acts. Ultimately, the first trial sentenced the adoptive mother to life imprisonment for murder and the adoptive father to five years in prison; the second trial reduced the adoptive mother’s sentence to 35 years and maintained the adoptive father’s five years.

In our law, to recognize murder, the intent to kill is crucial. Intent does not necessarily require a deliberate plan or purpose to kill. According to Supreme Court precedent (Supreme Court ruling 2000Do2231 on August 18, 2000), if the perpetrator recognizes or foresees the possibility or risk that their actions could cause death, intent is established.

When the perpetrator claims they had no intent to kill but only intended to cause injury or assault, the court considers ① the circumstances leading to the crime, ② the motive, ③ the presence, type, and use of any prepared weapon, ④ the location and repetition of attacks, ⑤ the likelihood of death resulting, and ⑥ any attempts to avoid consequences after the crime, to determine whether intent to kill existed at the time.

Ultimately, this is the court’s judgment, and the forensic pathologist’s role is to provide scientific evidence. In this case, too, the charges and sentencing will be decided based on the court’s comprehensive judgment.

A 2017 report by the Korea Institute of Criminology and Justice shows that from 2012 to 2015, crimes against children such as sexual violence, abduction, and murder decreased, while child abuse cases increased by about 83%, from 6,403 to 11,715 over four years. This increase is partly due to a real rise in child abuse incidents but also attributed to increased social awareness, higher reporting rates, and the establishment of early detection systems.

For international comparison of child abuse, the number of abuse cases per 1,000 children is used. In 2014, the United States had 9.4 cases per 1,000 children, while South Korea had 1.1. Although South Korea’s absolute number is low, the U.S. figures remained almost unchanged from 2011 to 2014, whereas South Korea’s rose notably from 0.6 to 1.1. This is certainly a point to watch. Given the recent public outrage over child abuse cases, it seems our society is now recognizing the seriousness of child abuse and needs to implement stronger efforts for its clear eradication.

Yoo Seong-ho, Forensic Pathologist

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