Published 16 Jan.2024 08:33(KST)
Updated 16 Jan.2024 10:11(KST)
Controversy is brewing within the police force after officers who escorted an intoxicated man to his home, where he was later found dead, were found guilty. Calls are growing for the rapid establishment of clear regulations on the extent of protective measures that should be taken for intoxicated citizens.
On the 16th, the Seoul Northern District Court issued summary orders imposing fines of 5 million won and 4 million won respectively on Sergeant A and Corporal B of the Mia Precinct of the Gangbuk Police Station in Seoul, who were charged with professional negligence resulting in death. They were prosecuted for professional negligence causing death after, on November 30 last year, responding to a 112 emergency call and finding a man in his 60s, Mr. C, lying intoxicated on the street, they sat him on the outdoor stairs of a multi-family house in Suyu-dong, Gangbuk-gu, and left, which led to Mr. C’s death from hypothermia.
Professional negligence resulting in death applies when a person engaged in certain duties neglects the special duty of care required by the nature of their work or position, thereby failing to foresee or prevent the resulting harm. Compared to ordinary negligence, this offense carries heavier penalties due to increased illegality and responsibility. Following the sentencing of Sergeant A and Corporal B for professional negligence resulting in death, criticism has risen within the police that the court may have issued a mechanical ruling without fully understanding the difficulties faced by frontline law enforcement officers.
On an anonymous online community site for workers, a user D, who verified as a police officer, expressed, "When we respond to calls, most intoxicated individuals refuse help, insisting they want to go home alone. Intoxicated people are like wet cotton?they cannot control their bodies and require more attention than ordinary people. Some even verbally abuse or assault the police. Are we supposed to forcibly enter their homes and personally prepare honey water for them?"
Another user E, also verified as a police officer, criticized the case, saying, "I heard they took the intoxicated person to a multi-family house but, not knowing the exact unit number, left him at the gate and returned. This is standard procedure for handling intoxicated individuals. The National Police Agency is demanding an irresponsibly high level of accountability from frontline officers. I don’t understand why the police who did their job are being held responsible when the intoxicated person himself said he was fine and sent the officers away. This ruling sets a very bad precedent."
Meanwhile, after a series of deaths involving intoxicated individuals, the police revamped their protective measures manual in May last year. The core of the manual is that even if a person is conscious, if they lack normal judgment or decision-making ability, the police should collaborate with related agencies such as fire services to transfer them to emergency medical centers or other medical institutions. The manual also includes practical guidelines for officers to distinguish between simply intoxicated individuals and those who are unconscious, allowing for applicable measures in real cases. However, there are only 49 medical facilities nationwide with beds for intoxicated patients, which critics say is insufficient to handle the approximately 900,000 intoxication-related calls annually.
Furthermore, the Police Duties Execution Act stipulates that police must take protective measures for intoxicated persons who pose a risk to their own or others’ life, body, or property. However, since there are no clear standards specifying the extent of protective measures to be implemented, the law is often regarded as a 'paper tiger.' Therefore, the police are pushing for legislation specifically addressing protective measures for intoxicated individuals as a fundamental solution, but no significant progress has been made yet.
Yoon Hee-geun, Commissioner of the National Police Agency, expressed regret over the ruling, stating, "As the commissioner, I feel deeply sorry. Although we have explored various support methods, I realize there are still shortcomings. Please discuss whether there are any deficiencies in related functions, including legal affairs, inspection, and crime prevention."
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