After 18 Months of "Hell" Over a 2,500-Won Snack: The Trial of a Developmentally Disabled Man

00:00 Intro
00:19 18 Months of Hell Over a 2,500-Won Snack Led to Trial
02:03 Why Did Prosecutors Seek a Summary Indictment for Guilt?
02:42 Ongoing Controversies Over Thefts by Developmentally Disabled Individuals: Is There a Solution?

"The acts of a person who, due to a mental disability, is unable to discern things or make decisions, shall not be punished." This is Article 10 of the Criminal Act of South Korea, which limits the punishment of persons lacking decision-making capacity. However, a shocking case occurred where a developmentally disabled person lacking decision-making capacity was put on trial as a thief after eating a snack without paying for it.

1. 18 Months of Hell Over a 2,500-Won Snack Led to Trial
This CCTV footage is from an unmanned convenience store in Yangcheon-gu, Seoul, in mid-March of last year. A man wearing a hat fumbles with snacks, opens a package, and brings it to his mouth. This was the scene where Kim Young-sik, a 38-year-old with severe developmental disabilities, came to be branded as a thief. He had gone out for a walk with his personal assistant, and while the assistant looked away for a moment, Kim entered the unmanned store and ate a snack.

[Kim Duk-jun / Father of Kim Young-sik: They said his IQ is 31. He cannot live a social life on his own and always needs a personal assistant to watch over him. That is his condition, he cannot speak and cannot understand words...]

In total, the items Kim consumed without paying across three occasions were two chocolate bars and one choco pie, amounting to 2,500 won. At the time, warning signs were posted inside the store stating, "As a rule, we do not settle in cases of theft," and "If a settlement is absolutely necessary, it costs at least 500,000 won."

[Kim Duk-jun / Father of Kim Young-sik: I couldn't even imagine that he would go somewhere and steal to eat. (The store owner) said, "Then I will not settle."]

Although the police confirmed that Kim was a severe developmental disabled person with significantly low intellectual levels, they forwarded the case with a charge of theft on the grounds that the two sides failed to reach a settlement. The prosecutors also issued a summary indictment seeking a 100,000-won fine rather than a suspension of indictment. Upon the decision leaning toward guilt, Kim's family requested a formal trial.

[Kim Duk-jun / Father of Kim Young-sik: How can you punish people like this? This is an issue of needing to accommodate (disabled individuals), not an issue of punishment. So now we appealed the summary order...]

On the 9th of last month, the first-instance court delivered a not-guilty verdict after 1.8 years (1 year and 6 months). The court ruled that no crime was established because Kim, whose intellectual level is that of a 4-to-5-year-old infant, lacked the capacity to make a decision that payment was required. The court also noted that Kim did not run away with the stolen snack but instead opened the package and ate it right on the spot, which cannot be regarded as a typical method of theft. Furthermore, during police investigations and court questioning, he could not understand the proceedings, leading Kim's father to answer on his behalf, according to the ruling.

2. Why Did Prosecutors Seek a Summary Indictment for Guilt?
Then why did the prosecutors seek a summary indictment against Kim with the intent of guilt? The prosecutors explained that they comprehensively considered the victim's intent for punishment and whether the damage was recovered, alongside the defendant's intellectual capacity. Put simply, no settlement was reached for the 2,500-won damage, and the affected store owner wanted punishment rather than leniency. However, a lawyer who has handled theft cases involving developmentally disabled individuals told SBS that "even if there are multiple minor thefts, suspensions of indictment are issued in most cases," and that "it is unusual for a first-time offense to go all the way to trial." Immediately after the first-instance ruling was issued, the prosecution decided not to appeal, finalizing the not-guilty verdict. At the same time, they offered only a principled stance to SBS, stating they would ensure thoroughness in handling cases involving disabled persons.

3. Ongoing Controversies Over Thefts by Developmentally Disabled Individuals: Is There a Solution?
Controversies surrounding thefts by developmentally disabled individuals continue, such as an incident last June in Busan where two individuals in their 30s with severe developmental disabilities were sent to prosecutors on special theft charges after eating 1,500-won ice creams without paying. While systems are in place requiring dedicated investigators for the disabled to handle cases and ensuring trusted companions such as family members are present during investigative agency questioning, critics argue that this alone is not enough. Experts have criticized that the practices of investigative agencies, which completely fail to account for the behavioral characteristics of developmentally disabled individuals, must change.

[Kim Min-young / Director of Gyeonggi Center for Persons with Developmental Disabilities: Unmanned stores are the most vulnerable places for developmentally disabled individuals. Incidents like the current one, involving eating without paying, happen from time to time. Naturally, the store owners completely lack an understanding of developmentally disabled individuals. For minor cases like this, conditional suspensions of indictment with education are issued. Seeking sentencing for these individuals holds no significant meaning in itself. Preventing recidivism is ultimately the greatest purpose. Through systems like separate individual education so that they can recognize their actions...]

In May of this year, the National Human Rights Commission of Korea recommended reviewing the current system of dedicated investigators for developmentally disabled individuals, devising measures to enhance expertise, and disclosing them regularly. In response, the Korean National Police Agency even established special provisions regarding the investigation of developmentally disabled individuals, but disabled advocacy groups are criticizing the move 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 1.8 years (1 year and 6 months), our society's deep concerns regarding investigations involving developmentally disabled individuals remain unresolved.

(Reported by Kwon Min-kyu | Produced by Shin Hee-suk | Video by Cho Chang-hyun | Video Editing by Hong Jin-young | Design by Yang Hye-min | Produced by SBS Digital News)
※ Please note: This article was translated by AI and may contain errors.