The trial of a former head, a person surnamed Kim, indicted on charges of sexually abusing female residents at Saekdongwon, a residential facility for people with severe disabilities in Ganghwa County, Incheon, began on the 10th. Kim's side argued that the indictment is overly broad and vague, hindering the exercise of the right to defense, while prosecutors countered that they specified the charges as much as possible in light of the characteristics of testimony by victims with disabilities.
The Seoul Central District Court Criminal Agreement Division 29 (presiding judge Eom Gi-pyo, Director General judge) held the first preparatory hearing for Kim, who was brought to trial on charges of violating the Act on Special Cases Concerning the Punishment of Sexual Crimes and the Welfare of Disabled Persons Act. Although there is no obligation for the defendant to appear because a preparatory hearing organizes issues and evidence plans before a full trial, Kim appeared in court in person.
Kim's side first took issue with the specificity of the indictment. The attorney said, "It is questionable whether the location or time frame of the charges can be set this broadly," adding, "Because they are not specified, the prosecution must specify them. If the indictment is written like this, a defense is impossible." The attorney then said regarding the victims' statements, "Because there is a possibility that the statements themselves could be contaminated, we basically intend to prove the case with objective facts other than the victims' statements."
Kim's side also said it is considering on-site inspections of the facility and calling staff members as witnesses. Prosecutors, on the other hand, said, "We specified the charges as much as possible," adding, "Extensive review was conducted on how specifically the charges must be stated in consideration of the testimonial capacity of people with disabilities, and there is related case law." The prosecution also proposed that, regarding the assessment of the credibility of the victims' statements, the court consider examining expert opinions as part of the proceedings.
The victims also indicated a willingness to testify directly. An attorney for the victims said, "If necessary, the victims can come to court and testify," adding, "Ultimately, we believe the procedure that allows the victims to express their sense of injustice is witness examination." When the court asked Kim if there was anything to say, Kim answered only, "No."
The court decided to hold the first trial on the 24th. The court said it is considering concluding arguments in July and delivering a verdict between late August and early September.