Court to Conduct On-Site Inspection at Saekdongwon Over Alleged Sexual Assault of Disabled Residents

Defense: "We Must Verify Whether the Alleged Acts Were Physically Possible at the Scene"

At the first trial of Kim, the director of Saekdongwon, a residential facility for people with severe developmental disabilities in Incheon, who has been indicted on charges of rape and abuse of residents, the court decided to conduct an on-site inspection. With a heated legal battle anticipated over the credibility of the victims' statements and the possibility of the crimes, the court stated it would directly examine the facility before proceeding with witness examinations.

Kim, the director of Saekdongwon residential facility for people with severe disabilities, is leaving the Seoul Central District Court in Seocho-gu, Seoul, on February 19 after completing the pre-arrest defendant interrogation (warrant hearing). Photo by Yonhap News Agency

The 29th Criminal Division of the Seoul Central District Court (Presiding Judge Eom Gipyo) held the first trial on April 24 for Kim, who has been indicted on charges including violation of the Act on Special Cases Concerning the Punishment of Sexual Crimes (rape resulting in injury, rape of disabled persons under protection, etc.) and violation of the Welfare of Disabled Persons Act. The court decided to conduct an on-site inspection at the Saekdongwon facility in Ganghwa County, Incheon, at 2:10 p.m. on May 15. On May 22, the court plans to play recorded victim statements and conduct a witness examination with a statement analysis expert.

The on-site inspection was requested by the defense. The defense attorney argued, "We are not questioning the credibility of the victims' statements, but we need to verify whether the alleged acts were physically possible at the scene," and added, "We need to directly confirm the structure of Saekdongwon, whether throwing a glass or making noise after 9 p.m. would be inaudible from the outside, and whether the alleged acts could have been carried out without being noticed by the staff on duty."

The defense initially requested a nighttime inspection, but this was not accepted. The court ruled, "It is reasonably predictable that nighttime is quieter than daytime, and other factors such as the movements of staff on duty can be inferred during the day as well," deciding to conduct the inspection during working hours.

The prosecution also stated that it had no objection to the on-site inspection. The inspection is expected to take two to three hours, as it will cover not only shared spaces but also the areas where the defendant resided separately. The prosecution plans to request the participation of police officers who were involved in the investigation as assistants. Kim also expressed his intention to participate in the inspection and explain the situation directly. However, the court stated that if this is not possible due to circumstances at the detention center, the inspection will proceed without the defendant.

The court announced that it would interview the victims through a sentencing investigator and receive a report on their level of communication and testimonial characteristics from the perspective of laypersons. The court explained, "Since the victims are people with severe developmental disabilities, we will prepare in advance how to ask questions during cross-examination so that they can respond well, and determine what assistance testimonial aides or trusted persons can provide."

The court also discussed the attendance of Saekdongwon employees as witnesses. The defense argued, "It appears that their statements were made under psychological pressure during the investigation," and requested that a separate space and procedure be arranged so they can testify freely in court. The court said it could consider this if a witness support application is submitted, and that video testimony is also possible if desired.

Previously, Kim was indicted and detained on March 19 on charges of repeatedly raping three residents of Saekdongwon, a facility for people with severe developmental disabilities in Ganghwa County, and injuring a victim by throwing a glass at their head after they refused his advances.

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