'Elderly Man Chokes to Death While Eating Rice Cake', Welfare Center Director Says "We Educated Not to Feed Quickly..." [Seocho-dong Legal Story]

Trial for Involuntary Manslaughter Due to Negligence
Conflicting Statements with Social Service Agent
Appeal Against Guilty Verdict in First Trial

On October 5, 2018, during snack time at an elderly welfare facility in Seoul, a 68-year-old resident turned blue and choked. A 3.8 cm high and 5 cm wide baramtteok (gaepitteok) had blocked the airway. The resident was immediately taken to the hospital but passed away on the same day. As a result of this incident, the welfare facility center director Mr. Park and social service worker Mr. Song were brought to trial on charges of 'negligent homicide.'

[Image source=Getty Images]

At the time of the accident, Mr. Song was responsible for 'meal assistance,' feeding the elderly victim. After putting the problematic baramtteok into the elderly person's mouth, Mr. Song fed cake 22 seconds later, and then again at intervals of 7 seconds and 10 seconds.

The elderly person had a history of poor mental health and dysphagia (swallowing disorder). The prosecution pointed out that Mr. Song did not cut the rice cake into small pieces or confirm that the food was fully chewed. The center director Mr. Park was criticized for failing to properly educate Mr. Song about these precautions.

In the first trial, Mr. Park claimed innocence, stating, "The victim did not have symptoms of dysphagia. The guardians did not inform us of such conditions upon admission," and "There were no problems when consuming food at our center before."

Mr. Song's side argued, "I was only instructed to assist with meals without receiving any education or information from Mr. Park about the victim's illness or precautions. I was simply performing my duties." Two other social service workers who testified also supported Mr. Song's statement.

[Image source=Yonhap News]

The first trial court suspended the sentence and fined each of them 700,000 KRW, showing leniency. The court also stated, "The victim's guardians informed us at the end of July that year, when requesting admission, that the victim had a habit of eating hastily and asked for help to ensure thorough chewing during meals," and "The defendants should have cut the rice cake into small pieces to provide it safely, and Mr. Song should have put small amounts into the victim's mouth or waited until the victim fully chewed and swallowed."

Mr. Song accepted the first trial's judgment, but Mr. Park appealed. In the appellate court, Mr. Park's lawyer argued, "Baramtteok and cake were put into the victim's mouth at an average interval of 10 seconds," and "The center director could not have anticipated the situation, and the personal fault lies with Mr. Song, who directly fed the baramtteok and cake." They also emphasized that over 5,000 social welfare facility workers submitted petitions pleading for leniency for Mr. Park, and that he has devoted his life to elderly care.

Mr. Park said, "I have regularly and thoroughly educated caregivers and social service workers not to feed residents too quickly," and "What started as weekend volunteer work in elderly welfare became my main job, and I have done my best until now. While I do not deny the unfortunate accident itself, I am scared to think whether I can continue to feel happiness and fulfillment." He broke down in tears.

The Seoul Central District Court Criminal Appeal Division 1-2 (Presiding Judge Kim Soo-kyung) will hold the appellate sentencing hearing for Mr. Park on the 25th.

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