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■ Broadcast: CBS Radio FM 98.1 (07:20~09:00)
■ Progress: Anchor Hyunjung Kim
■ Interview: Hyejin Seo (Attorney, Human Rights Director, Korean Women’s Bar Association)
From now on, it’s a case that is taking the public’s sympathy. Jungin, a 16-month-old girl who died from abuse of her adoptive parents after 10 months of adoption, wants to talk. In our news show, we have already conducted two interviews with Jung In-yi last year. Both times were pretty shocking.
First of all, there is a foster family where Jung In-i stayed before he was adopted. The foster mother of the foster family. I did an interview with my mother, but the day after I sent the child for adoption, I got a phone call, and can I leave Jung In occasionally? I was very curious to say this. I used to testify like this. Let’s listen for a second.
★ Foster mother> The phone suddenly called me at a number I don’t know.
☆ Kim Hyun-jung> When is that?
★ Foster mother> The day after you took it.
☆ Kim Hyun-jung> You got a call the day after you were adopted?
★ foster mother> Yes.
☆ Kim Hyun-jung> What?
★ Foster mother> So I asked him if he could take care of the baby, and if he can take care of the baby when he is working, if he can take care of him when he works. He was so cruel to the baby that he couldn’t even say that and couldn’t resist. As a human being, I did something I couldn’t do to that little baby. I think the adoptive parents really have to face severe punishment.
I saw this for the first time when I asked if I could leave this child in my foster care if something happened while I was adopted. This is the first person who has been a foster mother for a very long time. In other words, it made me doubt whether it was an unprepared adoption. I remember telling you about this episode in our interview.
And in November, we also broadcast the testimony of the person who reported it to the news show. This person only revealed his identity to us. He is the one who observed Jeong In for a long time and even reported it to the police. Let’s listen to the broadcast at the time.
★ Informer> Because he was too confident and too casual, he was a guardian. So I asked for a case meeting and investigated it right away. The most important thing in the second report was whether the child was left alone in the car’s black box, and whether it remained in the CCTV data was very important. So I made several requests to the police. I asked you to go quickly because the evidence might disappear, but the police reacted very lukewarmly.
In addition to this, we cannot introduce all of the contents of our interviews with other acquaintances now. It would be nice if you could find and listen to our past last year’s broadcasts.
Now Jung In-i’s adoptive parents have been charged with child abuse and fatality. But yesterday, the women’s lawyers’ association issued a statement saying, “You should apply the crime of murder.” You are the Director of Human Rights at the Korean Women’s Bar Association. Let’s listen directly to lawyer Hyejin Seo. Lawyer Seo, welcome.
– ◆ Hyejin Seo> Yes, hello.
◇ Kim Hyun-jung> Did you make a suggestion yourself?
◆ Hyejin Seo> That’s right. Since we are a group of members who share various opinions and values, it is not easy to speak up in a specific case. In particular, in such cases of child abuse or related to the protection of children’s human rights, all of the members are bound to feel the same way as adults. And I also made a statement because I knew that the first trial in this case was going on next week, so we thought we needed to state what we have.
◇ Kim Hyun-jung> First of all, when I saw something that the prosecution applied when prosecuting Yang Mo Jang last month, I was charged with child abuse and lethality. So, let’s say, I didn’t intend to kill it, but how did I get to death as a result?
◆ Hyejin Seo> Yes, that’s right. Lethality can be understood from the terms, but it means that it led to death. Then you are a negligent criminal. Basically, he’s a negligent.
◇ Kim Hyun-jung> Are you killing them with negligence?
◆ Hyejin Seo> And, as you know well, the crime of murder is an intentional offender who intentionally murders. So these two crimes are actually completely different because it’s the story of the negligent and the intentional criminal.
◇ Kim Hyun-jung> It’s completely different. Then, is the sentencing a lot different?
◆ Hye-jin Seo> In the case of child abuse and lethality, Yang is the only sentence in the court sentence, but the court sentence is not so different from the general murder crime.
◇ Kim Hyun-jung> Is the child abuse lethal high? Than any other lethal?
◆ Hyejin Seo> Yes. It is higher than the others and has life imprisonment or imprisonment for more than 5 years. Instead, the death penalty is not prescribed, but the death penalty is also prescribed for murder.
◇ Kim Hyun-jung> That’s the difference.
◆ Hye-jin Seo> So, in a court sentence, there is no big difference from the crime of murder except that there is no death penalty. However, it can be seen that basically, the crime of committing child abuse is a negligent crime, so when the court actually admits it as a crime and convicts it, it is a crime of murder. There is a lot of difference in sentence compared to. In particular, there is a sentencing standard that the Supreme Court has. Here, in the case of this child abuse murder, basically 4 to 7 years is a basic crime. And in the case of murder, about 10 to 16 years are the basic crimes.
◇ Kim Hyun-jung> It makes a lot of difference.
◆ Hyejin Seo> It makes a lot of difference. So (child abuse mortality) is actually a crime that is punished more than twice as mildly, so it’s easy to understand.
◇ Kim Hyun-jung> Right. In fact, when we look at these terrible incidents, we always say that this is like murder, and we should commit more severe sins. But when we go to the realm of law, the standards are very different.
◆ Hyejin Seo> Yes.
– ◇ Kim Hyun-jung> Because there must be evidence, conviction of guilty, etc. So again, isn’t this the same as murder? But also, if you go to court, the application of the law will be different. You are talking about this, but you are saying that legally, it is possible to apply the crime of murder?
◆ Hyejin Seo> I haven’t been able to personally look at the case record, but I think it is a matter that can be punished for murder just by looking at what is reported now. In fact, is the key thing to be able to admit the intention of murder, that is, in fact, the key in this matter.
◇ Kim Hyun-jung> Right.
◆ Hyejin Seo> Definite intention. You know, I did this with the intention of killing it, or not that much, but if I do this, there is a possibility that the child may die, or there is a possibility of death. These things are called unwritten intentions, but unwritten intentions seem to be a sufficient issue.
◇ Kim Hyun-jung> Unwritten and intentional murder.
◆ Hyejin Seo> Yes.
◇ Kim Hyun-jung> What kind of things did you think of that?
◆ Hyejin Seo> According to what is now reported, the cause of this child’s death is also the biggest organ damage caused by external shock. And it is reported that the pancreas was amputated. The pancreas is the most internal organ of the human body. But in order to get to the situation where the pancreas is amputated and ruptured, it cannot be done with normal force. In addition, there were cases last year that were punished for murder by acknowledging unwritten intentions and unwritten intentions of murder in cases such as cases where the pancreas was ruptured and died after being beaten. Just by looking at the Supreme Court case, three to four cases are being confirmed.
◇ Kim Hyun-jung> Is there a precedent?
◆ Hye-jin Seo> If the crime of murder is applied to general women and adults in the case of amputation of the pancreas, if such an assault against a 16-month-old child who is very young and unable to speak or properly manage his body is not a crime of murder. , Is it common sense to solve this simply as a problem of negligence?
◇ Kim Hyun-jung> There was an organ rupture, and when looking at the fracture, it was a joint fracture. When looking at the results of the autopsy, when these things are put together, aren’t these things the basis for murder? Unwritten and intentional murder. You are saying that. Now 9*** gave me a text like this, “But there is a story that there is a high probability of being innocent if the prosecution is applied for murder. I wonder how it is in your eyes.”
◆ Hyejin Seo> Yes. Of course, because of such concerns, the prosecution was also contemplating a little before prosecuting, and then getting a trial in a safe way. So, I think he was prosecuted for child abuse.
◇ Kim Hyun-jung> What do you mean by that?
◆ Hye-jin Seo> So, in order to prosecute the crime of murder, the accused and the offender intentionally assaulted the victim in some way, and the likelihood of death and the consequences of such an assault or abuse is explicitly and specifically It should be listed in the complaint.
◇ Kim Hyun-jung> You say you are convinced of guilty?
◆ Hyejin Seo> Right. The content of this prosecution should actually be quite specific because of the facts that are subject to trial with that basic fact. It needs to be specific, but in this case, in fact, if you look at the contents of the prosecution’s indictment, you can see that the contents of the’assaulted a child by the method of a Buddha image’ are contained. Even if they followed, it seems to have decided that it was not clear how they assaulted this child and how the assault affected the outcome of the child’s death. If so, for this kind of proof, of course, the defendant would deny that I had no intention of killing.
◇ Kim Hyun-jung> I would argue that way.
◆ Hyejin Seo> Going through such a process, I wonder if the evidence they have may be insufficient in maintaining the prosecution, so I wonder if the prosecution was not for murder, but for child abuse and fatality.
◇ Kim Hyun-jung> Wasn’t it lowered right now because innocence shouldn’t come out at all? Then, I asked the three autopsies to re-evaluate and do this. Could something more be revealed?
◆ Hyejin Seo> Actually, I think I should have done more of these things before the prosecution. I think I’ve been thinking a little bit, but I think it’s a task that should have been done earlier. Because if the medical findings of the autopsy or the relationship between the child’s death and this abuse are medically clarified to some extent, the prosecution puts a considerable burden on changing the complaint for murder. I know that the result has not yet been answered, but how the re-appraisals come properly seems to play a significant role in this case.
The mother-in-law of ’16-month-old adopted child abused fatality’ is being transferred to the prosecution from the Yangcheon Police Station in Seoul on the 19th. Reporter Park Jong-min– ◇ Kim Hyun-jung> Do you think the crucial part will be that part?
◆ Hyejin Seo> Yes.
◇ Kim Hyun-jung> Okay. In fact, even before Jeong In-i’s incident, child abuse cases were frequent. Whenever I said that we should make a recurrence prevention plan, we should make it, but this happened again. In the political world, the opposition parties are saying they will make a bill to prevent this from happening. So, lawyer, there are 90 related bills already pending?
◆ Hyejin Seo> Yes, there are quite a few bills pending.
◇ Kim Hyun-jung> But why is the bill pending?
◆ Hyejin Seo> You have to pass it. In particular, in the case of child abuse cases, it is necessary to revise any existing Child Welfare Act or the Special Act on Child Abuse Punishment, etc. enacted in 2014 to suit the reality. However, the fact that there are 90 such cases pending means that the need for revision is high.
◇ Kim Hyun-jung> Right. It means that everyone is aware of it.
◆ Hyejin Seo> However, I don’t know what it is. I don’t know why these things aren’t the People’s Livelihood Act, but they say that they pass the People’s Livelihood Act. So it seems that there is also the responsibility of the National Assembly.
◇ Kim Hyun-jung> Another thing, many people are protesting as the police. No, I have been reported three times, so why didn’t I quickly separate my child? At that time, even if it was separated, Jung In could live. The police’s position on this protest was this. In the absence of specific physical evidence, there is no problem with the parents. We will raise it well. In this case, we cannot forcefully bring the child. Then you are sued. what do you think?
◆ Hyejin Seo> Actually, I can’t force him to bring him. In particular, if a child who is unable to express his or her intentions like this is a victim child, such explanations or excuses from the police, it is a part that can be understood by those who know the reality to some extent. This is because forcibly, the abused child and the abuser, especially in the case of abuse by a guardian that occurs in the home, are actually very rarely separated by force. And in reality, it is difficult in reality to be able to actively separate them by using some forcing.
◇ Kim Hyun-jung> Then what should I do?
◆ Hyejin Seo> This is actually the most unfortunate case. Because there is a limit that children cannot hear the victim’s story. And the police have to go into the home and check the situation, but these are the grounds for the police to directly intervene in the home and intervene in this abuse case, or the grounds for the exercise of any public authority.
◇ Kim Hyun-jung> Then, what kind of guidelines should be made?
◆ Hyejin Seo> Yes, the guidelines should be more specific than they are now. Most importantly, I understand the difficulty of the realistic separation of the police, but this case has been reported three times.
◇ Kim Hyun-jung> Right.
◆ Hyejin Seo> And these three reports were from people around me. All?
◇ Kim Hyun-jung> All of them are true.
◆ Hyejin Seo> It was reported by doctors, teachers, daycare center teachers, and neighbors, but everyone who could do it actually reported it. Nevertheless, the police closed two cases of internal affairs in all three cases, and one case was sent to the prosecutor’s office for no charges. This is a case where no excuse for any clarification can be made just by looking at the result of this death. I think.
◇ Kim Hyun-jung> It is true that all of us adults should be sorry. So the women’s lawyers society issued a statement yesterday to apply the crime of murder. I have heard the contents myself. Thank you, lawyer Hyejin Seo.
◆ Hyejin Seo> Thank you.
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