It's illegal to deny 'family membership' during the investigation of people with developmental disabilities...the court's first judgment

[Anchor]
Earlier, YTN pointed out the problem of not being properly informed of the legal right of the family to be present when a person with developmental disabilities is investigated by an investigative agency.

Recently, the court decided for the first time that the suspect's newspaper report made in such a state could not be used as evidence.

Reporter Kim Da-hyun reports.

[Reporter]
A woman in her 30s steals a bag on a chair at a bus stop and leaves her seat.

Mr. A was a developmentally disabled person with severe intellectual disabilities.

The current law stipulates that "trustees" such as family members or employers can attend criminal justice proceedings for the psychological stability and smooth communication of people with developmental disabilities.

However, A was investigated alone without being notified by the police.

This is because he answered "No" to a police question asking if he was a developmentally disabled person, but Mr. A did not properly recognize the term developmentally disabled person.

However, the court of A's case recently said that the police cannot use the suspect's newspaper report against A as evidence.

The suspect's interrogation report, which was made without informing him that he had the right to be investigated with a trusted person, is illegal and cannot recognize the ability to testify.

This is the first time that the ability to testify has been rejected at the trial because the right to apply for a seat in a trust relationship has not been notified.

[Son Young-hyun / Mr. A's legal representative: Through this judgment, the court seems to be more active in protecting human rights of minorities and socially disadvantaged people.]

As in the case of A, there are many cases where people with disabilities are not guaranteed legal rights at the investigation site because they are "not like people with disabilities."In some cases, people with developmental disabilities who have difficulty expressing their opinions

failed to exercise their right to defend themselves properly or were unfairly handed over to trial.

With this court judgment, expectations are rising that investigative agencies will be more active in guaranteeing the legal rights of the disabled in the future.

I'm YTN's Kim Dahyun.