'Old Man Choking on Rice Cake' Welfare Center Director's Fine Increased 10 Times in 2nd Trial... Court Says "No Remorse"

The head of a welfare center was sentenced to a significantly heavier penalty in the second trial for violating the duty of care during the process in which an elderly resident at a senior welfare facility in Seoul choked to death while eating rice cakes served as a snack. ▶Refer to Asia Economy May 3rd article 'Elderly person choked to death eating rice cake,' Welfare center head says "I instructed not to feed quickly..." [Seocho-dong Legal Story]

The photo is unrelated to the article content. [Image source=Getty Images]

According to the legal community on the 26th, the Seoul Central District Court Criminal Appeal Division 1-2 (Presiding Judge Kim Soo-kyung) sentenced Park, who was indicted on charges of professional negligence resulting in death, to a fine of 7 million won in the appeal trial held the previous day. Park appealed despite receiving a suspended sentence with a fine of 700,000 won in the first trial, but the second trial handed down an unusually heavier sentence compared to the first trial.

The court stated, "An irreversible result of the victim's death occurred due to the defendant's negligence," and pointed out, "The defendant continues to deny the charges and claims it was a 'personal deviation of the service worker,' showing no remorse." It also added, "Insurance payments have not yet been made by the center, so the victims' families have not been substantially compensated."

Earlier, Park was prosecuted for violating the duty of care as the center head, causing the death of a 68-year-old elderly person who choked while eating a snack at a daytime welfare facility on October 5, 2018.

The elderly person had poor mental health and suffered from dysphagia (swallowing disorder). The prosecution pointed out that "Park failed to properly educate Song, a social service worker who played the role of 'meal assistant' feeding the elderly person, about the elderly person's health condition and related precautions."

At the time of the accident, Song put a 3.8 cm high and 5 cm wide baramtteok (gaepitteok) into the elderly person's mouth and then fed cake after 22 seconds. Subsequently, cake was fed again at intervals of 7 seconds and 10 seconds.

[Image source=Yonhap News]

In the first trial, Park claimed innocence, stating, "The victim did not have symptoms of dysphagia normally. The guardians did not inform us of this at the time of admission." Song, who was also indicted, appealed, "I was instructed only to assist with meals without receiving any education or information from Park about the victim's illness or precautions. I was simply performing my duties."

The first trial court judged the defendants guilty, stating, "They should have provided the rice cakes cut into small pieces to be safe to eat, and Song should have put a small amount in the victim's mouth or waited until the victim chewed and swallowed completely." However, the court showed leniency by suspending the sentence with a fine of 700,000 won each.

Song accepted the first trial judgment, but Park appealed. In the appellate court, Park's side argued, "Baramtteok and cake were put into the victim's mouth at an average interval of 10 seconds," and "The center head could not have anticipated the situation, and it was the personal fault of Song, who directly fed the rice cakes and cake."

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