The National Human Rights Commission of Korea files a complaint with Prosecution against former and current directors of a facility for violence and embezzlement
The National Human Rights Commission of Korea (NHRCK) has announced the results of an investigation into a complaint made on June 14, 2007, regarding the former and current heads of a facility for persons with disabilities.
The complainant, identified only as 46-year-old “Son,” and an employee of a welfare facility for persons with disabilities, “Facility A,” filed a complaint against 78-year-old “Son,” current pastor and former head of Facility A, and 44-year-old “Choi,” current head of the facility. The complainant stated, “I hope for a thorough investigation into the former and current heads of the facility’s human rights violations against residents, including sexual violence, habitual physical and verbal violence, false marriage registrations, illicit use of residents' names, and embezzlement of residents' basic livelihood security benefits.”
As a result of the investigation, the Commission has determined that respondent Son:
- Sexually harassed victim “Kim,” who has a mental disability, in his private residence and in elevators around December 2006 and January 2007, by forcing the victim to kiss him, touch his genitals with her hands and mouth, attempting to initiate intercourse and touching the victim’s breasts and genitals;
- Sexually harassed victim “Gweon,” who has a level II intellectual disability, by forcing the victim to touch his genitals; and
- Sexually harassed victim “Park,” who has a level II intellectual disability, by attempting to coerce the victim to sleep with him and live together in his room.
The Commission has also determined that:
- Victim “Gweon” was bound with red nylon rope and beaten on her face and hands by respondent Son with a leather belt and with his fists on the second floor lobby around June and July of 2006 during a morning worship service, for not attending a service and for making noises during the night;
- Victim “Park” was beaten with a club several times in respondent Son’s private residence and in the office;
- Victim “Jeong,” a 60-year-old with a level I visual disability, was forced to kneel in the living room on the second floor while being beaten in the face and on the body by respondent Son until bleeding from the lips and nose;
- Victim “Kim,” a 43-year-old with a level I disability, was beaten by respondent Son with a club and other objects in the office on several occasions between 2004 and 2007;
- Victim “Lee,” an 85-year-old with a level I visual disability, was beaten with a broom or club by respondent Son in the office around 2004 and again around May 2006;
- Victim “Go,” an 80-year-old with a level I visual disability, was struck around four times on the back of the next by respondent Son, who mistook Go for victim Kim (above);
- Victim “Lee,” a 67-year-old with a level I visual disability, was struck in the face three times by respondent Son, who used his fists, in his private residence around July 20, 2007.
Furthermore, the first and second round of on-site investigations by the Commission revealed that alleged victims Song and Gweon had entered into an involuntary marriage. Respondents Son and Choi testified that they falsely reported the marriage in order to secure basic livelihood security payments for Gweon. A witness, “Kim,” who served as a coordinator for the residents in the community service center, also stated that the intention of marriage was not directly confirmed. Respondent Choi recognized that the alleged victims had never resided together in the same room since the marriage, and that they had been excluded from the marriage registration process.
Based on the investigation, the National Human Rights Commission of Korea deemed it inappropriate to allow the respondents to continue running the facility, in light of evidence that they had implicitly abused the residents’ human rights; that there had been frequent accounts of sexual, physical, and verbal violence; that they had even served the residents noodles that were past their expiration date; that they had falsely reporting a marriage; that they had illegally used residents’ identities; and that they had failed to maintain transparency in Facility A’s operational activities, despite receipt of basic livelihood security benefits paid to the residents by national and local governments.
The Commission has taken measures in attempts to rectify these findings.
1. Complaints to the Prosecutor General:
- The Commission has filed a complaint with the Prosecutor General against respondent “Son” (male, 78-years-old), former head of Facility A, on charges of sexual harassment against “Kim” (female, 39) and “Gweon” (female, 38). The complaint was made in accordance with Articles 8 and 11 of the Act on the Punishment of Sexual Crimes and Protection of Victims Thereof. Respondent Son is also being charged with habitual violence against Gweon and six other residents, in accordance with Article 2, Paragraph 1, Item 1 of the Punishment of Violence Act;
- The Commission has filed a complaint with the Prosecutor General against respondent “Choi” (female, 44), current head of Facility A, on charges of failure to take proper action as head of the facility in reaction to respondent Son’s habitual violence. This complaint was made in accordance with Article 2, Paragraph 1, Item 1 of the Punishment of Violence Act and Article 32, Paragraph 1 of the Criminal Act;
- The Commission has filed a complaint with the Prosecutor General against both respondents Son and Choi on charges of preparing a marriage report without consent and against the wills of victims Gweon and Song (male, 44) and for filing a false marriage report and obtaining a family census register in order to receive basic livelihood security benefits. This complaint was made in accordance with Article 228, Paragraph 1 and Articles 229, 231 and 234 of the Criminal Act;
- The Commission has filed a complaint with the Prosecutor General against the respondents on charges of illegal use of residents’ names for purposes such as registering and using mobile phones under the name of “Jeong” (male, 61) and eight other alleged victims, in accordance with Articles 231 and 234 of the Criminal Act; and
- The Commission has filed a complaint with the Prosecutor General against the respondents with charges of embezzlement from the basic livelihood security benefits, which were paid to the facility’s residents from the local and national government. This complaint was made in accordance with Article 356 and Article 355, Paragraph 1 of the Criminal Act.
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2. Recommendation to the Ministry of Health & Welfare for Administrative Measures:
- The Commission has recommended that the Ministry of Health and Welfare take necessary measures to rectify and prevent future occurrences of such events, including administrative measures, based on the results of a special audit of the overall operational status of welfare facilities for persons with disabilities. This recommendation includes a desire to see the establishment of a welfare facility include obtainment of a permit and proof of the human rights status of residents.
3. Recommendation to the Governor of Gyeonggi Province:
- The Commission has recommended that the Governor of Gyeonggi Province take urgent actions to protect the residents of Facility A, including moving the alleged victims to another facility, since the victims all live together with the respondents in the same facility where the aforementioned alleged violations took place. This recommendation was made out of concern for the possibility of destruction of evidence of human rights violations; and
- The Commission has recommended that the Governor of Gyeonggi Province take necessary administrative measures to close the facility, as respondents Son and Choi have severely infringed on residents’ human rights in multiple areas and accounts, in accordance with Article 62, Item 4 of the Welfare of Persons with Disabilities Act.
4. Recommendation to Respondents Son and Choi:
- The Commission has recommended that respondents Son and Choi attend the Commission’s special human rights education. This recommendation was made in response to Son’s behavior of sexually harassing “Park” (female, 44) and habitually using violence against residents, and Choi’s failure to take appropriate measures as head of Facility A to correct Son’s behavior after coming into knowledge of the events.
5. Recommendation to Respondent Choi:
- The Commission has recommended that respondent Choi, as head of the facility, immediately put an end to sexual harassment, habitual physical and verbal violence, forced massage, forced cleaning, forced early morning services, and illegally using residents’ names. The Commission also recommended that Choi take correctional action to produce and implement a system that would prevent the recurrence of such events at Facility A in the future.
The National Human Rights Commission of Korea was established in 2001, offering investigation and remedy services for Korean citizens and foreigners residing in Korea against human rights violations and discrimination. The Commission provides policy recommendations and remedial action against human rights infringements, collaborates with international human rights organizations and implements educational programs to improve the human rights culture.
