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| Shin Min-young, a lawyer and the author of the 2016 book that has been made into the hit TV series, "Extraordinary Attorney Woo," poses in his office located in Yeongdeungpo District, southwestern Seoul, July 18. Korea Times photo by Bae Woo-han |
Lawyer points to loopholes in Korean legal system that hinder protection of rights of people with disabilities
By Lee Yeon-woo
Shin Min-young, a lawyer and the author of two books, still has a surreal feeling after the hit TV series, "Extraordinary Attorney Woo," wrapped up last week with the airing of the last episode on Thursday on ENA.
The popular drama featuring a female lawyer with autism is based on his 2016 book, "In Defense of the People."
"I feel like, 'Wow, this is simply unbelievable!'" he said during a recent Korea Times interview, revealing his excitement about the phenomenal success of the drama.
Starting with a 0.9-percent viewership rating on the airing of its first episode, the drama saw its rating surge as high as 17.5 percent in its last episode.
"I thought my book was forgotten, but those who were involved in the drama gave it a breath of fresh air and created such a fascinating drama. I am so thankful to those dedicated people for their hard work," he said.
Shin, a lawyer for the Seoul-based lawfirm, Hoam, wrote "In Defense of the People" based on his experiences as a public defender.
After the drama became an international sensation, he said, his 2016 book has regained attention from drama lovers and been reprinted six times. He said the publishing house of his book has received calls from several overseas publishers inquiring about licensing deals.
On top of the Korean public's overdue interest in his 2016 book, there is another thing that made him feel proud of his work. Following the success of the TV series, more Koreans have begun to discuss the rights of people with disabilities ― an issue he hoped to spark with his book.
"About 5 percent of Korean nationals have a disability. That's one out of every 20 Korean nationals. If you take a bus, you'll see at least one of the passengers has a disability. Compared to the ratio, the rights of people with disabilities have not been properly addressed. I think now is the time to address their rights."
In the 2016 book, Shin addresses Korean society's poor understanding of the rights of people with disabilities witnessed in the legal cases he was part of as a public defendant. One of his clients was a man in his seventies who was given no consideration for his hearing disability during the police investigation. The man was accused of the attempted rape and murder of a female neighbor who was also in her 70s.
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| The cover of "In Defense of the People" by Shin Min-young. Courtesy of Hankyoreh EN Publication |
Shin said he felt unconvinced about the police report, which stated the man himself had confessed to his crime, because he could not really communicate with the suspect during questioning.
"I couldn't even have an everyday conversation with this man, so I tried to figure out what had actually happened." Shin said.
It was based on an old problem in police investigations.
"In reports, it seems like the police asked briefly and the suspect answered all the details. But in reality, the police ask for all the details and the suspect only has the chance to answer yes or no," Shin said.
The man had a level-3 hearing impairment. He could only understand several words, even though Shin had almost to shout right next to his ears in order to be heard.
The man told Shin that he had been afraid and made a false statement as the investigator has made a threatening gesture close to him and yelled at him words that he couldn't understand.
After researching the case, Shin realized questioning hearing-impaired people without a sign language interpreter or other assistance does not constitute a violation under Korean law.
"The current law hasn't changed. I believe the law should categorize disabilities and offer the right of assistance to people who need it," Shin said.
Shin added that the Constitution in Korea is "sparse" when it comes to people with disabilities.
There are only two articles in the current law related to people with disabilities: punishing a person aged 19 or older who has sex with a minor with a disability; and punishing a person who has sexual intercourse with another person with a physical or mental disability through violence or intimidation. Out of step with the image Korea portrays as a developed country, both of these articles were legislated after 2010.
"It is written in criminal law that people who disturb funerals, rituals or preaching can be punished. It seems like the Constitution is indifferent to those with disabilities ― like I was in the past," Shin said.
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| A scene from the Korean legal drama, "Extraordinary Attorney Woo." Courtesy of ENA |
However, Shin finds hope in the impact of "Extraordinary Attorney Woo," as some cases in legal dramas bring about productive discussions around how the law treats disability.
Shin pointed to episode 10 as an example, which described a quasi-rape case between a man and an autistic woman. Shin also took charge of the original case.
"Even though a person with an intellectual disability testified that they are in love and their sexual relationships are based on consent, the court can punish the other party regardless of testimony given." Shin said.
"Another question comes up at this point. Can't a person with an intellectual disability have romantic relationships? In which case should society allow those kinds of relationships? I'm glad these types of issues are now being actively discussed," Shin added.
Nevertheless, Shin believes in the changes introduced to the constitution during its 100 year history. School violence was once considered innocent mischief of schoolchildren in the past, Shin said.
"I believe ordinary people protect society. I'm not a person with a great sense of duty, but I consider bringing up overlooked societal topics as my job."
