Chen Ching-kai Case

Chen Ching-kai Case

Ch'en Ching-k'ai, a former national handball player, suffered severe visual impairment as a result of a traffic accident. Afterward, Ch'en tried hard to make his behavior resemble that of a sighted person, but the court deemed him to have faked blindness in order to defraud insurance...

Overview of the Incident

Photo / Photo of Ch'en Ching-k'ai participating in a handball competition before the traffic accident (95th Hsinchu National High School Athletic Games Handball Competition)
 

While studying at National Changhua University of Education (NCUE), Ch'en Ching-k'ai was hospitalized following a traffic accident in November 2009. Due to blurred vision, he was referred to the Department of Neurology at Changhua Christian Hospital (CCH). It was opined that although Ch'en's eye structures were normal, his brain's visual area "was suspected of having traumatic cerebral visual cortex lesions." The medical certificate certified that Ch'en, "due to the aforementioned reasons, has bilateral visual acuity below 0.01 on the international visual acuity scale."

Subsequently, Ch'en applied for insurance payouts totaling approximately NT$5.22 million, in accordance with procedures, from Nanshan Life Insurance (policies taken out during high school), Cathay Life Insurance (student group insurance taken out by NCUE), and Mingtai Insurance (compulsory automobile liability insurance covering the tortfeasor). Suspecting Ch'en of faking blindness, the tortfeasor went to NCUE to secretly videotape Ch'en, capturing footage in which Ch'en appeared to move around freely, and concluded that he was suspected of faking blindness. Consequently, the tortfeasor filed a report with the Insurance Crime Prevention Center. After being transferred to the prosecutors office, Ch'en was indicted for fraud, and the criminal judgments of the first and second instances found him guilty and finalized the case.

However, the court's guilty judgment contains flaws in judgment that are difficult to convince others, arbitrarily relying on personal experience and the biases of sighted people to conclude that completely blind persons cannot perform actions such as throwing Frisbees or writing, thereby determining that he faked blindness to defraud insurance. The court disregarded a series of visual tests conducted by various hospitals, scientific evaluations by Professor Chang Yin and Professor Chien-chung Chen, and the results of severe visual impairment assessments serving visually impaired professionals. It blindly insisted on using Ch'en Ching-k'ai's behavioral performance in striving to learn and adapt to life after losing his sight as evidence of faking blindness to defraud insurance. This clearly demonstrates a failure to truly understand the actual lifestyle of the visually impaired, allowing biased empirical rules to override professional appraisal scientific reports and witness testimonies, and leading to the conclusion that blindness equals disability.

Q&A

First, Ch'en Ching-k'ai had no motive to commit a crime, for two reasons: First, Ch'en was a national handball player, had no accumulated debts, and did not lack large sums of money. He had absolutely no motive to render himself unable to serve as a national handball player or physical education teacher in order to defraud insurance payouts, thus ruining his bright future. Second, as a university student, Ch'en certainly hoped to pass all his exams and graduate smoothly; he would not have deliberately faked blindness to lower his grades, let alone troubled his course instructors for accommodation just to pass examinations. It is thus clear that Ch'en fundamentally could not have risked failing his exams—or even risking his inability to graduate—for the sake of defrauding insurance payouts.

Second, Ch'en Ching-k'ai lacked the ability to commit the crime. When Ch'en suffered the traffic accident, he possessed no professional knowledge of visual physiology. How could he possibly fool various hospitals and specialist physicians across the board through various tests (for medical records, refer to Chronology)? Furthermore, the evaluation by National Taiwan University directly measured neural responses, which cannot be faked (please see Q5 NTU Evaluation Report). Moreover, if Ch'en had truly intended to deceive, how could he be so "omnipotent" as to fool various professional medical tests, yet be so careless as to catch Frisbees, teach table tennis, and write examination papers in public for everyone to see? Such a scenario is clearly unreasonable.

A more reasonable situation is that when Ch'en Ching-k'ai discovered his vision was impaired, he still held onto the hope of recovery. Therefore, he actively sought medical treatment and rehabilitation, and worked hard to find various strategic methods to cope with life by utilizing light perception and color block perception. Moreover, he was unwilling to let outsiders think he was completely blind, and sought ways to prove that he could still be like his "original self." This is a psychological state commonly found in individuals who suffer mid-life or accidental blindness.

In summary, Ch'en Ching-k'ai not only lacked a motive to commit a crime, but also lacked the ability to do so. Furthermore, referencing numerous professional appraisal opinions, it is abundantly clear that Ch'en is entirely and thoroughly a visually impaired person with visual acuity below 0.01. Therefore, the JRF has identified this as a miscarriage of justice and provided rescue efforts.

09Dec.
2020

[Event] Civil Retrial Hearing in the Chen Ching-Kai Case - Court Observer Recruitment

Judicial Reform Foundation

On December 9, 2020, the civil retrial proceeding between Cathay Life Insurance and Chen Ching-Kai will proceed to oral…

14Nov.
2020

Former National Handball Player Wrongfully Convicted of Faking Blindness - Nationwide Train-the-Trainer Workshop

Judicial Reform Foundation

To help more attorneys understand the Chen Ching-Kai case from the perspectives of law, medicine, vision science, and…

30Oct.
2020

[Event] Civil Retrial Hearing in the Chen Ching-Kai Case & Volunteer Gathering

Judicial Reform Foundation

The period from now through the end of this year and into next year will be crucial for the Chen Ching-Kai case. We…

28Aug.
2020

What the Ch'en Ching-k'ai Case Has Taught Us

Chien K'ai-lun / Practicing Lawyer

The Ch'en Ching-k'ai case sits at the intersection of three professional fields: law, medicine, and special education.…

27Aug.
2020

[Solidarity Action] Judgment Rendered in the Civil Retrial of Ch'en Ching-k'ai's Case!

Judicial Reform Foundation

Regarding the civil retrial proceedings, the Taiwan High Court Kaohsiung Branch Court will render its judgment on…

27Aug.
2020

Former National Athlete Ch'en Ching-k'ai Accused of Faking Blindness Wins Civil Retrial, but Injustice Awaits Redress—Press Conference on the Civil Retrial Judgment for Ch'en Ching-k'ai and Mingtai Insurance

Judicial Reform Foundation

This afternoon (the 27th) at 14:30, the Taiwan High Court Kaohsiung Branch delivered its judgment on the civil retrial…

25Aug.
2020

Jing Kai Chen Case Reflection: Visually-impaired doesn't mean disability

Wu Yu-jung / JRF Intern

Meeting Jing Kai Chen helped me understand what this quote might mean and changed my assumptions about blind people’s…

30Mar.
2020

[Event] Civil Retrial Hearing for Ch'en Ching-k'ai Case: Court Observation Volunteers Wanted!

Judicial Reform Foundation

After the Judicial Reform Foundation took up his case, the legal team filed for retrials in both criminal and civil…

06Mar.
2020

Visual Science in the Courtroom from the Perspective of the Ch'en Ching-k'ai Case

Ch'en Mei-hui / Taiwan Association for Human Rights (Civil Judicial Reform Foundation)

On February 14, 2018, the second-instance judgment ultimately found Ch'en Ching-k'ai guilty, sentencing him to 1 year…

23Oct.
2019

[Event] Ch'en Ching-k'ai's Civil Retrial Hearing: Call for Court Observation Volunteers!

Judicial Reform Foundation

Former national handball player Ch'en Ching-k'ai once had a bright future ahead of him. While studying at National…

24Jun.
2019

Seminar Transcript | Legal Medical Diagnosis Requirements in the UK: 2019 Diagnosis, Education, and Rehabilitation of Cerebral Visual Impairment

Speaker: Dr. Gordon Dutton; Interpreter: Li Hsiao-wen

Today's reported topic is "Legal Medical Diagnosis Requirements in the UK." While I may not be entirely familiar with…

08May.
2019

Civil Retrial Opened in Ch'en Ching-k'ai's Case! Court Observation Volunteers Needed

Judicial Reform Foundation

Amidst despair, there is still good news: in the civil case brought by Mingtai Insurance against Ching-k'ai for the…