This research is performed to organize and analyze crimes against persons with disabilities through researching current situation of crime occurrence and the countermeasures against them in order to suggest improvement plan in both perspective of legislation and administration. Furthermore, the final purpose of this study aims to suggest improved measures by dealing with empirical research on actual condition of the crimes and examination of acts and institutions in Korea, proffering implications obtained by examining current system practiced in foreign countries.
Findings from this research are as follows. In aspect of actual condition of crimes against the disabled, rate of mental handicapped is highest among types of victim, and sexual offence is most frequently committed crime type happened to the disabled. Exploitations of the disabled are covered from investigative authorities and, as a result, rarely brought in criminal procedure, while it has been repeatedly committed for long time. Mistreatment of the disabled are mostly committed in facility for the handicapped. Domestic abuse and neglect have been regarded as a in-home accident and thus concealed for long period. Lack of understanding disability and the handicapped in criminal justice system has been revealed as one of real barriers to retribution for offenders who committed crimes against the disabled.
In terms of legislation relating to crimes against the disabled, Korean National Assembly enacted Disability Discrimination Act and amended Welfare of Disabled Persons Act to effectively punish offenders of the crimes and thus the offenders can be sanctioned according to the special acts. Moreover, it stipulated clause of aggravated punishment on them as a countermeasure against frequent exploitations of the disabled. In spite of these achievements, there is still leftover to be overcome. The concept of crimes against the disabled and criminal abuse of the disabled are not clearly provided throughout relating acts, while those of non-criminal abuse of the disabled are provided in Welfare of Disabled Persons Act. In addition, it is not easy to manifestly figure out consistency of provisions for punishment of the offenders, since the provisions had been lain scattered around laws.
Sentencing guideline stipulates criterion for sexual offences against the disabled in relevant laws like Act on Special Cases Concerning the Punishment of Sexual Crimes, and Act on the Protection of Children and Juveniles Against Sexual Abuse. In addition, the guideline also regards handicap and vulnerability of the disabled in exploitation cases as aggravating elements in violation of Labor Standard Act and trafficking in persons of Criminal Law. However, research on practice of sentencing on them reveals that there are considerable number of case in which the offenders are sentenced even under minimum standard of the guideline and, moreover, suspension of execution. For such sentence the judiciary proffers reasons: the offenders had provided the victims with food and bed, and compulsory labor had been traditionally regarded as a local custom. Currently protection and advocate institutes for the disabled are dependent on local government since they had managed under the governmental commission. The institutes have focused mainly on sexual offense and children, while they make efforts to support disabled victims merely in investigative process.
We suggest following proposals for improvements based on result of empirical research on disable victims and analysis of current legislation. During the investigation process, public defender and statement assistant for disable victims should be more invigorated. Government should establish bureaus which take full charge of investigation of case relating to disabled victims and build up their specialty through regular education and training. Concept of crimes against the disabled should be defined concretely and relevant acts or article should be enacted for strict and fair punishment as in German criminal justice system.
For prevention of crime against the disables several policies may be proffered as follows. protection and advocate institutes, which investigate abuse of the disabled, should stand on their own feet apart from local government. The disabled should be led to settle down in local community departing from the facilities and thus live together with non-disabled through aiding for habitation and providing assistants for the living. Data of the crimes should be collected systematically in order to be utilized for promoting public attention to the disabled-victims and the crimes, making policy, and enacting effective laws. Reporting system of abuse of the disabled should be improved, for example, by means of enlarging scope of mandatory reporters and punishing them harsher if they disregard the obligations, as practiced in the United States.
In order to improve victim-supporting system, it is necessary to enhance accessibility of the disabled to the system and to expand budget and human resource for the disabled-supporting institutes. In addition, there should be disabled-victims supporting plan connected with social welfare institutes. Meaningful fruits could not be harvested even after making these efforts in policy aspect, unless law enforcement authorities and judiciaries enhance their sensitivity for civil rights of the handicapped.