"Put on Trial for a 2,500-Won Snack": The Tragedy of a 38-Year-Old with a Developmental Disability [News File]

"The act of a person who, due to a mental disability, lacks the ability to discern things or make decisions shall not be punished." This is Article 10 of South Korea's Criminal Act, which limits the punishment of those lacking decision-making capacity. However, a baffling case occurred in which a 38-year-old with a developmental disability, who lacked such capacity, was put on trial for theft after eating a snack without paying for it.
  This is CCTV footage from an unmanned store in Yangcheon-gu, Seoul, from mid-March of last year. A man wearing a hat is seen fiddling with snacks before opening the packaging and bringing it to his mouth. This was the moment Kim Young-sik, a 38-year-old with a severe developmental disability, ended up being branded as a thief. He had gone out for a walk with his personal support worker, and while the worker momentarily looked away, he entered the unmanned store and ate the snack.

[Kim Deok-jun / Kim Young-sik's father: "They said his IQ is 31. He cannot live a social life on his own and always needs a support worker watching over him. That is his condition; he cannot speak and cannot understand words..."]

The items Kim consumed without paying over three instances were two chocolate bars and one chocolate pie, totaling 2,500 won. At the time, warning signs were posted inside the store stating, "In principle, we do not settle theft cases," and "If a settlement is absolutely necessary, it costs at least 500,000 won."

[Kim Deok-jun / Kim Young-sik's father: "We never thought of it as going somewhere and stealing to eat. The store owner said, 'Then I will not settle.'"]

Even after confirming that Kim is an individual with a severe developmental disability whose intellectual level is remarkably low, the police forwarded the case for theft on the grounds that both sides failed to reach a settlement. The prosecution also handed down a summary indictment seeking a 100,000-won fine rather than suspending prosecution. Faced with a decision pointing toward guilt, Kim's family requested a formal trial.
[Kim Deok-jun / Kim Young-sik's father: "How can you punish these individuals? This is an issue of needing to accommodate [people with disabilities], not an issue of punishment. So that is why we appealed the summary order..."]

On September 9 of last month, the first-instance court delivered a not-guilty verdict after a year and a half. The court judged that the crime could not be established because Kim, who has the intellectual level of a 4-to-5-year-old toddler, lacked the capacity to make a decision requiring him to pay for the items. Furthermore, the court noted that Kim did not steal the snacks and run away, but rather opened and consumed them right on the spot, which cannot be viewed as a typical method of theft. It also pointed out that Kim could not understand the questions during police questioning and court interrogation, prompting his father to answer on his behalf.
  Then why did the prosecution file a summary indictment against Kim with the intent of guilt? The prosecution explained that, alongside the defendant's intellectual capacity, they comprehensively considered the victim's intent regarding punishment and whether restitution was made. Put simply, no settlement was reached for the 2,500-won loss, and the affected store owner wanted punishment rather than leniency. However, a lawyer who has handled and processed theft cases involving individuals with developmental disabilities told SBS that "even when there are multiple instances of petty theft, suspensions of prosecution are granted in most cases," adding that "it is unprecedented for a first-time offender to be referred all the way to a trial." Immediately following the first-instance ruling, the prosecution decided against appealing, finalizing the not-guilty verdict. At the same time, they offered only a principled stance to SBS, stating they would exercise utmost care in handling cases involving individuals with disabilities.
  In June, controversies over theft cases involving individuals with developmental disabilities continued, such as when two individuals in their 30s with severe developmental disabilities in Busan were sent to the prosecution on special theft charges after eating 1,500-won ice creams without paying. While systems exist where police officers dedicated to investigators for individuals with disabilities take charge and persons of trust, such as family members, are present during investigative agency questioning, critics argue that these measures alone are not enough. Experts criticized that the behavior of investigative agencies, which completely fails to account for the behavioral characteristics of individuals with developmental disabilities, must change.

[Kim Min-young, head of the Gyeonggi Developmental Disabilities Support Center: "Unmanned stores are the most vulnerable places for individuals with developmental disabilities. Incidents like the current one, involving eating without paying, happen from time to time. If anything, the store owner had far too little understanding of this individual with a developmental disability. For minor incidents like this, conditional suspension of prosecution with educational requirements is issued. Simply seeking a sentencing against these individuals holds no significant meaning. The biggest goal is to prevent reoffending. Through such systems, like implementing separate, individualized education so that the person can recognize [their actions]..."]

Back in May of this year, the National Human Rights Commission of Korea also recommended reviewing the current system for investigators dedicated to individuals with developmental disabilities, drawing up measures to enhance expertise, and making them public on a regular basis. In response, the Korean National Police Agency even established special rules concerning the investigation of individuals with developmental disabilities, but disability advocacy groups are criticizing it as a superficial change that lacks specific regulations. Although Kim has been cleared of the stigma of stealing 2,500-won worth of snacks after a year and a half, society's deeper concerns regarding investigations involving individuals with developmental disabilities remain unresolved.
※ Please note: This article was translated by AI and may contain errors.