Ensuring Equal Access to Justice: NHRCK Launches Ex-Officio Investigation into Police Interrogation of Victims with Disabilities
- Examining Procedures for Supporting Victims with Communication Difficulties in Residential Facilities Following the "Saekdongwon" Abuse Case -
□ On June 24, 2026, the Committee on the Rights of Older Persons of the National Human Rights Commission of Korea (Chairperson Ahn Chang-ho; hereinafter "NHRCK") decided to launch an ex-officio investigation into the National Police Agency, the Seoul Metropolitan Police Agency, and police stations that have investigated human rights violations at residential facilities for persons with disabilities, under the title "Ex-Officio Investigation into the Protection of Rights and Remedies During the Investigation of Human Rights Violations at Residential Facilities for Persons with Disabilities, Including Saekdongwon."
○ Triggered by the "Saekdongwon" case, which has recently drawn significant public attention, this ex-officio investigation aims to examine whether victims with disabilities who face communication or self-expression difficulties are guaranteed substantial participation during police investigations, and whether sufficient efforts are being made to verify abuse in a manner that considers their specific characteristics. The police stations subject to the investigation will be confirmed after analyzing cases referred to the police by disability advocacy agencies.
□ The "Saekdongwon Case" refers to an incident that garnered significant public attention after allegations of human rights violations, including sexual violence against female residents with disabilities, were raised at a residential facility for persons with disabilities. In response, a government-wide joint effort was launched, and the Seoul Metropolitan Police Agency referred the head of the facility and others to the prosecution, focusing primarily on the criminal acts committed against the victims.
○ However, several concerns and criticisms were raised regarding the police investigation process, such as whether the statement assistance and the presence of trusted support persons were substantively provided during victim interrogations; whether relying on traditional, speech-centered interrogation methods was appropriate for victims with developmental disabilities who experience communication barriers; and whether observations, diagnoses by experts, and objective materials were sufficiently utilized to verify the abuse.
□ Residential facilities for persons with disabilities often foster residents' strong dependency on staff, and are characterized by restricted contact with the outside world. For victims with communication barriers, relying solely on traditional oral statements makes it exceedingly difficult to fully verify the facts of the abuse. Therefore, alternative investigative procedures, such as behavioral observation, daily logs, and witness statements from acquaintances, are crucial.
○ Accordingly, this ex-officio investigation will intensively examine whether reasonable accommodations were provided to address specific communication and self-expression needs during the investigation of abuse cases at facilities such as Saekdongwon; whether substantive support, including the presence of trusted support persons and statement assistance, was adequately provided; whether non-verbal methods of verifying abuse were utilized; and whether structural characteristics of residential facilities, such as isolation, power imbalances, and the high likelihood of repeated victimization, were fully taken into account.
□ The right to redress starts with ensuring that victims can participate in criminal justice proceedings with the necessary assistance. For victims with communication or self-expression difficulties, the absence of tailored investigative methods and reasonable accommodations can prevent them from fully describing the abuse, ultimately excluding them from the justice system and depriving them of the opportunity to be recognized as victims.
□ This issue is directly linked to the constitutional guarantees of human dignity, the right to equality, and the right to trial, as well as the statutory duty to provide reasonable accommodations in judicial proceedings under the Act on the Prohibition of Discrimination against Persons with Disabilities, Remedy for Infringement of Rights, etc. Through this ex-officio investigation, the NHRCK intends to formulate measures to improve police investigation procedures, ensuring that victims with communication difficulties can participate on an equal basis and secure practical remedies within the criminal justice system.
