Cho Doo-soon case: Difference between revisions

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Way too wordy with irrelevant info and bad English. if you want to publish al this info I suggest you write a book about it.
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Politician Kim Young-ho from the [[Democratic Party of Korea|democratic party]] tried to introduce bills to try and prevent criminals from re-offending sex crimes against minors. He claimed, "The special bill on life imprisonment for criminals who recommit sexual crimes against minors, which I introduced, aims to isolate those who recommit the same crime after release permanently from society." The Ministry of Justice attempted to pass the Protective Supervision Act, which would put more extreme criminals into a facility away from society after their term in prison ends. In 2014 and 2016 the ministry attempted to turn this bill into a law but received backlash for being a violation of human rights.<ref>{{Cite web|title=S. Korea Prepares to Prevent Recidivism by Convicted Child Rapist Cho Doo-soon|url=http://world.kbs.co.kr/service/news_view.htm?lang=e&Seq_Code=156183|access-date=2020-10-06|website=world.kbs.co.kr|language=en}}</ref> Lawmaker Ko Young-in suggested a law that will restrict sex criminals from going farther than 200 meters from their home. Laws to keep sex criminals like Cho away from facilities with kids and to keep him from being able to drink alcohol have also been suggested in response to this case.<ref name=":6">{{Cite web|date=2020-09-18|title=What you need to know about notorious child rapist Cho Doo-soon|url=http://www.koreatimes.co.kr/www/nation/2020/10/251_296292.html|access-date=2020-10-14|website=koreatimes|language=en}}</ref> In response to Cho's impending release, 2 petitions for getting rid of the laws that weaken prison sentences for crimes committed while drunk and crimes committed by mentally impaired people, have received 876,000 signatures.<ref name=":2">{{Cite web|date=2019-07-16|title=In South Korea, Being Drunk Is a Legal Defense for Rape|url=https://ksr.hkspublications.org/2019/07/16/in-south-korea-being-drunk-is-a-legal-defense-for-rape/|access-date=2020-10-06|website=KENNEDY SCHOOL REVIEW|language=en-US}}</ref> Both petitions were refused as they said they could not fill laws with passion.<ref name=":2" />
Politician Kim Young-ho from the [[Democratic Party of Korea|democratic party]] tried to introduce bills to try and prevent criminals from re-offending sex crimes against minors. He claimed, "The special bill on life imprisonment for criminals who recommit sexual crimes against minors, which I introduced, aims to isolate those who recommit the same crime after release permanently from society." The Ministry of Justice attempted to pass the Protective Supervision Act, which would put more extreme criminals into a facility away from society after their term in prison ends. In 2014 and 2016 the ministry attempted to turn this bill into a law but received backlash for being a violation of human rights.<ref>{{Cite web|title=S. Korea Prepares to Prevent Recidivism by Convicted Child Rapist Cho Doo-soon|url=http://world.kbs.co.kr/service/news_view.htm?lang=e&Seq_Code=156183|access-date=2020-10-06|website=world.kbs.co.kr|language=en}}</ref> Lawmaker Ko Young-in suggested a law that will restrict sex criminals from going farther than 200 meters from their home. Laws to keep sex criminals like Cho away from facilities with kids and to keep him from being able to drink alcohol have also been suggested in response to this case.<ref name=":6">{{Cite web|date=2020-09-18|title=What you need to know about notorious child rapist Cho Doo-soon|url=http://www.koreatimes.co.kr/www/nation/2020/10/251_296292.html|access-date=2020-10-14|website=koreatimes|language=en}}</ref> In response to Cho's impending release, 2 petitions for getting rid of the laws that weaken prison sentences for crimes committed while drunk and crimes committed by mentally impaired people, have received 876,000 signatures.<ref name=":2">{{Cite web|date=2019-07-16|title=In South Korea, Being Drunk Is a Legal Defense for Rape|url=https://ksr.hkspublications.org/2019/07/16/in-south-korea-being-drunk-is-a-legal-defense-for-rape/|access-date=2020-10-06|website=KENNEDY SCHOOL REVIEW|language=en-US}}</ref> Both petitions were refused as they said they could not fill laws with passion.<ref name=":2" />

== Issue ==

=== Indictment and sentence ===
The prosecutor indicted the defendant by applying rape injuries and injuries under the general criminal law, not by the law on the punishment of sexual violence crimes and the protection of victims. Under the general criminal law, rape injuries and injuries are life imprisonment or imprisonment for more than five years, but Article 9 of the Act on the Punishment of Sexual Violence Crimes and the Protection of Victims (Injury or Dismissal such as rape) was more heavier in court (life imprisonment or imprisonment for more than seven years). In this regard, the National Assembly's legal circles were questioned about the application of the general criminal law, not the special law, and the prosecution admitted that it was wrong.<ref>{{Cite web|last=임순현|date=2017-11-11|title=법적용 잘못하고 항소도 포기…조두순 처벌, 곳곳에 아쉬움|url=https://www.yna.co.kr/view/AKR20171110122500004|access-date=2020-11-02|website=연합뉴스|language=ko}}</ref>

If the prosecution, the court, intends to appeal or appeal only to the defendant without appeal or appeal, it shall not sentence a sentence greater than the sentence sentenced in the first trial. Thus, since 12 years were sentenced in local courts and there was no disobedience from prosecutors, the High Court and the Supreme Court could not make decisions beyond the limits of the law by the principle of criminal trial. Regarding the reason for giving up the appeal at the time, the prosecution explained that it is customary to appeal if a sentence of less than seven years in prison is sentenced to life imprisonment.<ref>{{Cite web|last=jjang55@busan.com|first=장혜진 부산닷컴 기자|title=조두순 겨우 징역 12년 왜?… 검찰, 항소 포기한 이유|url=http://www.busan.com/view/busan/view.php?code=2019102713052444253|access-date=2020-11-02|website=부산일보|language=ko}}</ref> After, the prosecution admitted that it was wrong to give up the appeal during a parliamentary audit.

It is necessary to consider amending laws on sexual assault and child sex crimes. At the time, when criticism mounted against the court, the court explained, "The maximum sentence in the court is life imprisonment, but no life sentence has been sentenced for rape and death, and the 12-year sentence is similar to the felony murder."

=== mental and physical weakness ===
The court reduced the sentence in accordance with Article 10(2) of the Criminal Law, which states that "a person with a weak ability to resist due to mental and physical disabilities reduces his or her sentence," even though he or she chose to serve life in prison based on the age of the victim and the cruelty of the crime.<ref>{{Cite web|date=2019-04-24|title=조두순 얼굴 공개 속 항소 내용 다시 보니 '주취상태 심신미약' 주장|url=http://www.dtnews24.com/news/articleView.html?idxno=545731|access-date=2020-11-02|website=디트news24|language=ko}}</ref> This is because the court recognized the criminal as being in a state of mental and physical weakness because he was aged 56 at the time and was usually alcoholic and uncontrollable.

Article 55 (1) 2 of the Criminal Code at that time stipulate when the punishment life imprisonment is reduced, it shall be imprisonment for at least seven years or imprisonment.( in the present, imprisonment for not less than ten years but not more than fifty years.) however, at the time, because of the Supreme Court's rulingthe court was only able to sentence up to 15 years in prison when the sentence was reduced. At this time, the sentence was could be up to 25 years (now 50 years) if the limited penal servitude sentence was increased. despite constant criticism and controversy that the criminal law should be revised so that it can be sentenced up to 25 years even if life imprisonment is reduced but the court was not revised until Cho Doo-soon's case due to the indifference of the government, the court and the National Assembly. Since Cho Doo-soon was sentenced to 12 years in prison under the then criminal law, which allowed him up to 15 years in prison for life imprisonment, controversy ensued that Cho would have been sentenced to 18 to 20 years in prison if he could have been sentenced to 25 years.

On the other hand, some argue that the reduction due to the application of mental and physical weakness is inappropriate, citing that Cho Doo-soon already has a criminal record of sexual assault on infants and has acted carefully to destroy evidence. In addition, fundamental questions were raised about whether it was reasonable to reduce the sentence based on mental and physical weakness.<ref>{{Cite web|date=2017-12-03|title=조두순 감형사유 ‘주취감형’ 폐지 청원 20만건 돌파|url=http://www.hani.co.kr/arti/politics/bluehouse/821792.html|access-date=2020-11-03|website=www.hani.co.kr|language=ko}}</ref>

=== Criticism of the prosecution ===
During the investigation, the prosecution was found to have had the victim repeat the statement as many as five times on the grounds that it was "not recorded," and "the voice was too small."<ref>{{Cite web|title=‘조두순 사건’ 피해자 나영이, 검찰에서 5번이나 진술|url=https://www.chosun.com/site/data/html_dir/2009/10/13/2009101301759.html|access-date=2020-11-03|website=www.chosun.com|language=ko}}</ref>

The doctor of the victim's child also appeared on a TV debate program and pointed out that the investigation into child sexual violence crimes should be conducted through doctors or experts in consideration of the victim's age and psychological state, as in advanced countries, and that statements can be proved in court.

The Korean Bar Association will file a compensation suit against the state, pointing out that it is a matter of the investigation process.<ref>{{Cite web|date=2009-11-02|title=대한변협, '조두순 사건' 국가상대 손배 추진|url=https://www.ytn.co.kr/_ln/0103_200911021418594800|access-date=2020-11-03|website=www.ytn.co.kr|language=ko}}</ref>

On Dec. 15, 2009, the Korean Bar Association filed a compensation suit worth 30 million won, claiming that the prosecution rejected the request to copy the case records and even forced to write a document stating that it would cancel the request. The reasons specified by the Investigation Committee<ref>{{Cite web|date=2009-11-03|title=변협, 조두순사건 진상조사위 발족|url=https://m.lawtimes.co.kr/Content/Article?serial=49686|access-date=2020-11-03|website=m.lawtimes.co.kr|language=ko}}</ref> are as follows:

1. The hospital emergency room nursing records indicate that the victim's vaginal fluid was collected upon arrival, and that the victim's nanny also demanded evidence, but it was not submitted as evidence during the trial process, and the whereabouts of the evidence are still unknown.

2. Exposing the victim's face by not installing curtains during a hospital investigation

3. The Sexual Violence Act requires a dedicated prosecutor to investigate, but a non-executive prosecutor investigated and required the recording of victims' statements to be repeated four times due to poor operation of the video recorder.

4. During the trial, the prosecutor overlooked the CD that had been recorded immediately after the police arrested Cho Doo-soon, and belatedly submitted it as evidence only on the eve of the sentencing date of the appeals court.

5. The prosecution has been criticized for indicting the criminal with a general criminal law, not a special law on sexual violence, and for giving up its appeal for a 12-year sentence.

On December 14, 2009, the inspection committee of the Supreme Prosecutors' Office advised Prosecutor General Kim Joon-kyu to take precautions against the prosecutor in charge.<ref>{{Cite web|date=2009-12-15|title=대검 감찰위, 조두순 사건 수사검사 '주의' 권고|url=https://m.lawtimes.co.kr/Content/Article?serial=50396|access-date=2020-11-03|website=m.lawtimes.co.kr|language=ko}}</ref>

=== Human right ===
There is also a debate over the human rights of sex offenders. A netizen opened a human rights protection cafe for sex offenders, including Yoo Young-chul and Kim Gil-tae, to guarantee the human rights of the perpetrators, and about 1,000 netizens, who appeared to have a history of sex crimes, family members and relatives, joined the group in sympathy.<ref>{{Cite web|last=머니투데이|date=2010-03-16|title=김길태 인권위 진정, 알고보니 조두순 카페 - 머니투데이|url=https://news.mt.co.kr/mtview.php?no=2010031609133532190|access-date=2020-11-03|website=news.mt.co.kr|language=ko}}</ref> Tens of thousands of netizens who visited the cafe criticized café members’ claim by asking for the cafe's closure.The cafe is now closed.<ref>{{Cite web|date=2009-10-02|title='나영이 사건' 가해자 인권 옹호 카페 개설 논란|url=http://www.ohmynews.com/nws_web/view/at_pg.aspx?CNTN_CD=A0001228921|access-date=2020-11-03|website=오마이뉴스|language=ko}}</ref>

=== Concerns ===
Experts worry that the case is moving in a direction where the victim is forced to suffer more by paying attention to the case itself rather than constructive discussions such as wrong sexual conception, lax legal systems and measures to prevent a recurrence. Lee Yoon-sang, director of the Korea Sexual Violence Counseling Center, said:
“We can really focus on that the victim was able to heal and overcome this condition and then what our society should do to prevent this from happening again so we can pay attention to any kind of healing, or prevention of recurrence"<ref>{{Cite web|last=|first=|date=|title="나영이 사건, 분노로만 그치지 마라"|url=https://www.nocutnews.co.kr/news/4145801|url-status=live|archive-url=|archive-date=|access-date=|website=}}</ref>
Also, The doctor in charge of victim's treatment expressed regret through a TV debate, saying, "The government and political circles repeatedly come up with various measures whenever an issue is reported, but there are no progress made in past announcements, only empty words, and no realistic support measures are in place for victims who need long-term support."

=== Candlelight rally ===
On the evening of October 10, 2009, a candlelight rally was held at Seoul Plaza in front of City Hall in Seoul. They held pickets and candles to ask for tougher legal punishment for sex offenders and made various claims in the form of free speech.<ref>{{Cite web|last=|first=|date=|title='조두순 사건'을 계기로 아동대상 성폭행범 처벌 강화와|url=http://www.ohmynews.com/NWS_Web/View/img_pg.aspx?CNTN_CD=IE001117304|url-status=live|archive-url=|archive-date=|access-date=2020-11-03|website=오마이뉴스|language=ko}}</ref>

=== A fund-raising campaign ===
There was a fund-raising to help victim through Internet portal sites. And it was be donated to the social welfare department of Ansan City Hall.

Happy bean, a donation portal sites from naver, was raising donations to help victim in conjunction with the Warm Sunrise Gender Equality counseling center. The first fundraising campaign was held from November 16 to December 31, 2009, and ended with the last day of December 31, 2017. Agora, an Internet portal from Daum, conducted a fund-raising petition  Oct. 9, 2009 to Oct. 13, 2009, called "Please Help Nayoung on Nayoung's Case.”<ref>{{Cite web|last=앵커|first=이하정|date=2009-11-09|title='나영이 돕기' 1억 5천만 원 모금|url=http://imnews.imbc.com/replay/2009/nw1800/article/2491507_30539.html|access-date=2020-11-03|website=MBC NEWS|language=ko}}</ref> At first, Daum said at first, “Although many netizens took part about this petition, but we decided not to progress fund-raising because victim’s mother was worried that victim, who will return to school one day, might get teased or hurt.” But after then The fund-rasing was carried out so that the child could be encouraged even a little by discussing it again with victim’s family.

Even after the end of the fund raising, citizens can donate their regular (or temporary) support to victim through Ansan City Hall or the Gyeonggi Community Chest of Korea by beneficiary designated contribution. And the Korean Association for the Prevention of Violence and Abuse is raising money for moving the victims' families ahead of Cho's release. The fund-raising will run until Nov. 30, 2020, and as of Oct. 12, 2020, the fund-raising amounts to 194 million won.<ref>{{Cite web|date=2020-09-24|title=조두순집과 1㎞ 거리 사는 '나영이', 출소 소식에 결국..|url=https://hugs.fnnews.com/article/202009241031036494|access-date=2020-11-03|website=hugs.fnnews.com|language=ko-KR}}</ref><ref>{{Cite web|date=2020-10-13|title=`나영이 이사비` 2억여 원 모여…"따뜻한데 화나"|url=https://www.mk.co.kr/news/society/view/2020/10/1045942/|access-date=2020-11-03|website=매일경제|language=ko}}</ref>


== Release ==
== Release ==
Cho is set to be released on December 13, 2020. He will be 69 when he is released from prison on December 13, 2020.(Born in 1952) it is more likely to be physically stronger than minors before the age of 12. Therefore, children need to be careful and protection unless he die or get a major chronic disease. The victim of Cho Doo-soon was a first grade of Elementary school at the time of the incident. He will return to Ansan to live with his wife less than 1km away from the victim's house. Nayoung's father has said that he would be willing to take out a loan to give money to Cho so Cho can leave Ansan.<ref name=":4" /> Cho said "I am sorry for my crimes, and if I am released, I will live quietly without causing controversy."<ref>{{Cite web|last=Anonym|title=Cho Doo-soon said to return to Ansan and his wife "love and trust" {{!}} tellerreport.com|url=https://www.tellerreport.com/tech/2020-09-11-cho-doo-soon-said-to-return-to-ansan-and-his-wife-%22love-and-trust%22.rklWhSd4v.html|access-date=2020-10-14|website=www.tellerreport.com|language=en}}</ref> He will have to wear an ankle monitor and will be under constant surveillance on probation for 7 years. His probation officer will also be able to make random visits to his home.<ref name=":6" /> Despite wearing an electronic ankle bracelet there have been cases of criminals in Korea who were able to escape the country.<ref>{{Cite web|title=Despite ankle monitors, ex-cons fly under the radar|url=https://koreajoongangdaily.joins.com/2018/04/19/socialAffairs/Despite-ankle-monitors-excons-fly-under-the-radar/3047186.html|access-date=2020-10-14|website=koreajoongangdaily.joins.com|language=en}}</ref> 71 security cameras will be placed around Ansan for the safety of residents who fear Cho's release.<ref name=":4" /> and there will be a 24-hour patrol that involves working level military officers with three or more levels because of Cho Doo-soon’s release from prison.<ref>{{Cite web|last=머니투데이|date=2020-09-27|title='조두순 출소 불안 해소'…안산시, 무도실무관 24시간 순찰한다 - 머니투데이|url=https://news.mt.co.kr/mtview.php?no=2020092714068295817|access-date=2020-11-03|website=news.mt.co.kr|language=ko}}</ref>
Cho is set to be released on December 13, 2020. He will return to Ansan to live with his wife less than 1km away from the victim's house. Nayoung's father has said that he would be willing to take out a loan to give money to Cho so Cho can leave Ansan.<ref name=":4" /> Cho said "I am sorry for my crimes, and if I am released, I will live quietly without causing controversy."<ref>{{Cite web|last=Anonym|title=Cho Doo-soon said to return to Ansan and his wife "love and trust" {{!}} tellerreport.com|url=https://www.tellerreport.com/tech/2020-09-11-cho-doo-soon-said-to-return-to-ansan-and-his-wife-%22love-and-trust%22.rklWhSd4v.html|access-date=2020-10-14|website=www.tellerreport.com|language=en}}</ref> He will have to wear an ankle monitor and will be under constant surveillance on probation for 7 years. His probation officer will also be able to make random visits to his home.<ref name=":6" /> Despite wearing an electronic ankle bracelet there have been cases of criminals in Korea who were able to escape the country.<ref>{{Cite web|title=Despite ankle monitors, ex-cons fly under the radar|url=https://koreajoongangdaily.joins.com/2018/04/19/socialAffairs/Despite-ankle-monitors-excons-fly-under-the-radar/3047186.html|access-date=2020-10-14|website=koreajoongangdaily.joins.com|language=en}}</ref> 71 security cameras will be placed around Ansan for the safety of residents who fear Cho's release.<ref name=":4" />

Due to the influence of this case, the upper limit of imprisonment for a time was doubled from the previous 15 years (25 years of aggravated) to 30 years (50 years of aggravated), and the statute of limitations for rape about children and adolescents was abolished in 2010. In addition, measures such as extending the maximum period of wearing electronic anklets to 30 years were implemented.<ref>{{Cite web|last=|first=|date=2014-09-07|title=당정, 아동性범죄 최고 50년형…처벌 더 강화|url=https://web.archive.org/web/20140907215458/http://news.mk.co.kr/outside/view.php?year=2009&no=622552|url-status=live|archive-url=|archive-date=|access-date=2020-11-03|website=web.archive.org}}</ref>

Discussions have continued that punishment for all child sex offenders as well as Cho Doo-soon should be strengthened. Ahead of his release, many people agreed to a petition calling for severe punishment for child sex crimes.<ref>{{Cite web|last=|first=|date=|title=‘조두순 출소반대’ 국민청원 20만 돌파…아동 성범죄자 처벌 강화 한목소리|url=http://www.newspim.com/news/view/20171107000247|url-status=live|archive-url=|archive-date=|access-date=|website=}}</ref>Residents of Ansan City were filled with anxiety at the news of Cho Doo-soon's return to Ansan.The victim's father said Cho Doo-soon's return to Ansan is a kind of retaliation and they still suffering from nightmares. Eventually, the victim's family decided to move away from the criminal.<ref>{{Cite web|date=2020-10-30|title="조두순 눈빛 악몽, 우리가 철창 신세"…한맺힌 절규|url=https://news.sbs.co.kr/news/endPage.do?news_id=N1006051085|access-date=2020-11-03|website=SBS NEWS|language=ko}}</ref>


==References==
==References==

Revision as of 09:53, 3 November 2020

The Cho Doo-soon Case refers to an assault that took place in Ansan, South-Korea, in December 2008, in which an eight-year-old girl known only as Na-young (fictitious name) was kidnapped and raped by the criminal Cho Doo-soon in a bathroom inside a church. This severely damaged the victim's body. The criminal, Cho Doo-soon (then 56 years old), was sentenced to 12 years in prison, and appealed on the grounds that the sentence was harsh, but all of them were rejected. The sentence was later reduced because the criminal was old and drunk, and his mental and physical weakness was recognized.

The case sparked outrage and protests involving Na-young's parents and many others. The 2013 film Hope is based on this case.[1][2][3][4][5][6]

Cho's Background

Cho Doo-soon was born October 18, 1952.[7] He dropped out of middle school and in 1970, he committed his first crime, stealing a bicycle. He was given leniency because of his young age and because it was a small scale crime.[8] In 1972 He was sentenced to 1 year and 6 months in a youth detention center for extorting money from a street stall. In 1977 he was sentenced to 8 months in prison for habitual theft.[8] In 1983 at age 31 he raped a 19 year old woman who worked nearby where he lived, she needed 30 days of treatment to recover. He was sentenced to 3 years in prison for this crime.[8] After his release he was fined several times for various violent crimes, including assaulting a bar hostess.[8] In 1995 while drinking Cho assaulted a man in his 60s to death because he praised Chun Doo-hwan, a controversial president. Because he was deemed feeble-minded, he was sentenced to 2 years and admitted into a psychiatric hospital.[9] Cho’s only family is his wife, who has nothing but praise for him. Cho’s wife said "Cooking rice and side dishes, cleaning the home and all the household work. … My husband has done it for 20 years...He has never vented his anger and he has been hailed as a polite person."[10] While married Cho committed 11 out of his 18 total crimes. For most of his crimes he was drunk and gave the excuse that he “does not remember,” Cho’s wife said that he only committed crimes because of alcohol.[10]

Course of events

On December 11, 2008, eight-year old female elementary school student Kim Na-young (fictitious name) was on her way to school when she was kidnapped by 57-year-old Cho Doo-soon, who was drunk at the time. He dragged her to a church's bathroom, saying she had to go to church. Cho took off his pants, hit her face several times with his fist, bit her cheek and strangled her until she fainted. Cho continued to strip the victim's pants and underwear, and raped and beat Nayoung anally, vaginally, and sodomized her. He held her head under water to knock her out again. He left her on the floor with cold water running and left the scene.[11][12] Nayoung was found by her parents and was taken to a hospital. She had injuries to her internal organs, but she survived the incident. Cho left evidence all over the scene and still had her blood on himself when he was arrested.[13] He inflicted permanent and non-bone injuries of traumatic cuts in the abdomen, lower abdomen and pelvis that required at least 8 weeks of treatment on the victim.

Trial and controversy

Cho was originally sentenced to life in prison but after Nayoung testified that he smelled like alcohol his sentenced was reduced as he was not sound of mind while committing the crime his sentence was reduced to 12 years in prison. Cho wrote over 300 times “I am not the type of a sick monster who rapes an 8-year-old girl,” to the judge.[14][15][16][17][18][12] Na-young's parents filed a lawsuit against the prosecution for subjecting their daughter to physical and psychological distress. The prosecution questioned her right after she came out of surgery and made her sit upright and answer the same questions four times due to the prosecutors making mistakes while recording. They violated protocol in obtaining testimony from a minor by taping her in public. Prosecution also failed to show the arrest videotape of Cho which would have eliminated the need for her to take the witness stand. In 2011, the government paid 13 million won in compensation to Na-young for violations by the prosecution.[19] After news of his sentencing was released many petitions were left on the Blue House's website calling for a retrial.[13]

Aftermath

Nayoung was left with permanent damage to her lower abdomen and was told she would be permanently disabled, she needed 8 months of treatment and had to take trips to Seoul every weekend.[20] She was told she would need to use a colostomy bag for the rest of her life[21] but underwent a successful surgery to implement an artificial anus.[22] Nayoung also suffered from depression and mental stress after the attack.[12] Nayoung, then 8 years old, was made to sit upright with her colostomy bag while testifying in court and explaining the incident which caused more psychological stress. She received 13 million won in compensation because of violations against the interview policy for victims of sexual assault.[23] A year after the assault after receiving psychiatric treatment she was said to have recovered 70 percent. She started attending school again and even attended a hagwon across the street from the place of incidence.[24] According to her father from a report in 2020 she only watches cartoons and avoids news completely to avoid any possible chance of seeing something sexual assault related.[20]

Reaction and influence

In 2011, R&B singer ALi released a song based on Na-young's story, titled "Nayoungee." The song attracted controversy after being widely criticized, and ALi chose to omit it from her upcoming album.[25][26] She also subsequently issued an apology. ALi then went on to say that the song was also about her own battle with being a rape victim.[27]

In response to the case a book, and movie titled Hope were made in 2013. It won several awards and reignited attention about the case. The film also received a lot of criticism for making profit out of someone's tragedy and bringing attention to someone who wants to live a quiet life.[28]

Politician Kim Young-ho from the democratic party tried to introduce bills to try and prevent criminals from re-offending sex crimes against minors. He claimed, "The special bill on life imprisonment for criminals who recommit sexual crimes against minors, which I introduced, aims to isolate those who recommit the same crime after release permanently from society." The Ministry of Justice attempted to pass the Protective Supervision Act, which would put more extreme criminals into a facility away from society after their term in prison ends. In 2014 and 2016 the ministry attempted to turn this bill into a law but received backlash for being a violation of human rights.[29] Lawmaker Ko Young-in suggested a law that will restrict sex criminals from going farther than 200 meters from their home. Laws to keep sex criminals like Cho away from facilities with kids and to keep him from being able to drink alcohol have also been suggested in response to this case.[30] In response to Cho's impending release, 2 petitions for getting rid of the laws that weaken prison sentences for crimes committed while drunk and crimes committed by mentally impaired people, have received 876,000 signatures.[31] Both petitions were refused as they said they could not fill laws with passion.[31]

Release

Cho is set to be released on December 13, 2020. He will return to Ansan to live with his wife less than 1km away from the victim's house. Nayoung's father has said that he would be willing to take out a loan to give money to Cho so Cho can leave Ansan.[20] Cho said "I am sorry for my crimes, and if I am released, I will live quietly without causing controversy."[32] He will have to wear an ankle monitor and will be under constant surveillance on probation for 7 years. His probation officer will also be able to make random visits to his home.[30] Despite wearing an electronic ankle bracelet there have been cases of criminals in Korea who were able to escape the country.[33] 71 security cameras will be placed around Ansan for the safety of residents who fear Cho's release.[20]

References

  1. ^ Herald, The Korea (September 10, 2012). "[Voice] How should Korea combat pedophilia?". www.koreaherald.com.
  2. ^ "Making excuses instead of protecting society : The DONG-A ILBO".
  3. ^ "Prevention Better than Cure for Victims of Child Sex Crimes". english.chosun.com.
  4. ^ "Public on high alert over child sex crimes : The DONG-A ILBO".
  5. ^ "[Editorial] Fighting sex crimes-프린트화면". www.koreaherald.com.
  6. ^ "Based on infamous rape case, 'Wish' reopens old wounds". koreajoongangdaily.joins.com.
  7. ^ "조두순", 위키백과, 우리 모두의 백과사전 (in Korean), 2020-10-05, retrieved 2020-10-06
  8. ^ a b c d 머니투데이 (2020-09-16). ""인생 전체가 범죄…'전과 18범' 조두순, 화학 거세 주장도" - 머니투데이". news.mt.co.kr (in Korean). Retrieved 2020-10-06.
  9. ^ ""전두환 찬양했다고 때려 죽여"…조두순 출소일 앞두고 과거 사건 재조명 - 유혜지 기자". 톱스타뉴스 (in Korean). 2020-09-11. Retrieved 2020-10-06.
  10. ^ a b "조두순 아내 탄원서 "남편, 예의를 아는 사람"". www.chosun.com (in Korean). Retrieved 2020-10-06.
  11. ^ "Gov't ordered to compensate child rape victim". koreatimes. 2011-10-26. Retrieved 2020-10-10.
  12. ^ a b c "In South Korea, Being Drunk Is a Legal Defense for Rape". KENNEDY SCHOOL REVIEW. 2019-07-16. Retrieved 2020-10-08.
  13. ^ a b "Brutal rape of 8 year old has nation up in arms". koreajoongangdaily.joins.com. Retrieved 2020-10-10.
  14. ^ "Light jail term for children's rapist enrages Koreans". Koreaherald.com. 2010-03-30. Retrieved 2012-05-31.
  15. ^ "Child rape case sparks calls for law revision in S.Korea". Asiaone.com. 2009-10-06. Archived from the original on 2010-01-29. Retrieved 2012-05-31.
  16. ^ "Gov't ordered to compensate child rape victim". Koreatimes.co.kr. 2011-10-26. Retrieved 2012-05-31.
  17. ^ "S. Korea child rape case sparks outcry". The China Post. 2009-10-06. Retrieved 2012-05-31.
  18. ^ "Na-young recovering from rape | Asia News – Politics, Media, Education". Asian Correspondent. 2009-12-26. Archived from the original on 2013-10-14. Retrieved 2012-05-31.
  19. ^ "Gov't ordered to compensate child rape victim". web.archive.org. 2013-10-14. Retrieved 2020-10-10.
  20. ^ a b c d "[단독] 나영이 아빠의 절규 "빚내서라도 조두순에게 이사비 주고싶다"". 네이트뉴스 (in Korean). Retrieved 2020-10-08.
  21. ^ Kim, Jon Herskovitz, Christine (2009-11-09). "South Korea seeks new laws after brutal rape of child". Reuters. Retrieved 2020-10-08.{{cite news}}: CS1 maint: multiple names: authors list (link)
  22. ^ Herald, The Korea (2010-03-29). "Hope of recovery for rape victim". www.koreaherald.com. Retrieved 2020-10-08.
  23. ^ 김은정 (2011-02-10). "Child rape victim wins compensation for prosecutors' reckless interviews". Yonhap News Agency. Retrieved 2020-10-09.
  24. ^ "A smile returning to Na-young's face after ordeal". koreajoongangdaily.joins.com. Retrieved 2020-10-10.
  25. ^ "Singer Ali Reveals Traumatic Experience of Rape - The Chosun Ilbo (English Edition): Daily News from Korea". English.chosun.com. 2011-12-19. Retrieved 2012-05-31.
  26. ^ "ALi and Nayoungee: A Faux Pas? | seoulbeats". Seoulbeats.com. Retrieved 2012-05-31.
  27. ^ "Archived copy". Archived from the original on 2013-10-07. Retrieved 2013-08-20.{{cite web}}: CS1 maint: archived copy as title (link)
  28. ^ "Blue Dragon winner shocks". koreajoongangdaily.joins.com. Retrieved 2020-10-06.
  29. ^ "S. Korea Prepares to Prevent Recidivism by Convicted Child Rapist Cho Doo-soon". world.kbs.co.kr. Retrieved 2020-10-06.
  30. ^ a b "What you need to know about notorious child rapist Cho Doo-soon". koreatimes. 2020-09-18. Retrieved 2020-10-14.
  31. ^ a b "In South Korea, Being Drunk Is a Legal Defense for Rape". KENNEDY SCHOOL REVIEW. 2019-07-16. Retrieved 2020-10-06.
  32. ^ Anonym. "Cho Doo-soon said to return to Ansan and his wife "love and trust" | tellerreport.com". www.tellerreport.com. Retrieved 2020-10-14.
  33. ^ "Despite ankle monitors, ex-cons fly under the radar". koreajoongangdaily.joins.com. Retrieved 2020-10-14.
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