Investigative Agencies Must Establish Measures to Actively Guarantee the Right to Defense for Persons with Developmental Disabilities
— NHRCK Announces Results of Ex-officio Investigation into the Right to Defense for Persons with Developmental Disabilities —
□ On December 30, 2025, the National Human Rights Commission of Korea (Chairperson: Ahn Chang-ho; hereinafter "NHRCK") issued the following recommendations:
To the Commissioner General of the Korean National Police Agency: Establish "Investigation Rules for Persons with Developmental Disabilities" to define detailed procedures for the entire investigative process; review the current 'specialized investigator system for persons with developmental disabilities' and devise measures to enhance expertise; and regularly collect, analyze, and disclose relevant statistics.
To the Prosecutor General: Develop specific measures to ensure that indictments are provided in an easy-to-understand format for persons with developmental disabilities and others with similar needs.
□ As of 2024, registered persons with disabilities account for approximately 5.1% of South Korea's population, with persons with developmental disabilities making up about 10.7% of that group. In the same year, the police processed approximately 11,000 cases involving persons with developmental disabilities. Despite this, persistent complaints have been filed alleging that the "trusted person accompaniment system" and the specialized investigator/prosecutor system are not being properly implemented. Consequently, the NHRCK conducted an ex-officio investigation from March 2024, which included interviews with 127 persons with developmental disabilities in correctional facilities nationwide.
□ Key Findings of the Ex-officio Investigation
Lack of Support: Out of the 127 interviewees, only 27 received assistance from a "trusted person" (support person); the majority underwent police questioning alone. Some of those who were questioned without support were completely illiterate or unable to communicate.
Social Vulnerability: Many interviewees faced significant socio-economic hardships, including experiences of domestic violence, runaway incidents, or living in residential care facilities. Many reported having no one to serve as a trusted person due to circumstances such as both parents having intellectual disabilities, living with elderly grandparents, or living in isolation.
□ The Committee on the Rights of Persons with Disabilities of the NHRCK (Chairperson: Standing Commissioner Lee Sook-jin) reached the following conclusions:
Improved Identification Standards: While identifying a developmental disability at the early stages of an investigation is crucial, agencies often fail to recognize those registered with intellectual or autistic disabilities. Rather than relying solely on official disability registration, detailed criteria and methods must be established to determine whether a suspect possesses the communicative capacity to effectively exercise their right to defense.
Mandatory Support and Professional Assistance: It is necessary to mandate the identification of developmental disabilities and the accompaniment of a trusted person, regardless of an individual's specific circumstances. The roles of these trusted persons should be clearly defined, and measures must be established to provide human rights-based professional assistance for those who lack a personal support network.
Expertise and Institutional Support: To ensure the efficacy of the specialized investigation system, a comprehensive review of the institutional framework is required, including specialized training systems, personnel management (such as rotation policies), and financial support/allowances.
□ The NHRCK determined that a comprehensive overhaul of the system for guaranteeing the right to defense for persons with developmental disabilities is necessary. Emphasizing the need for transparency through the maintenance and disclosure of statistics and case studies, the Commission issued the aforementioned recommendations.
