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A Korean-style Effective Plan for the Prevention of Child Abuse Crime - Focusing on application of advanced foreign programs and development-

  • Legal Theory & Practice Review
  • Abbr : LTPR
  • 2020, 8(2), pp.125-167
  • Publisher : The Korea Society for Legal Theory and Practice Inc.
  • Research Area : Social Science > Law
  • Received : April 30, 2020
  • Accepted : May 24, 2020
  • Published : May 31, 2020

Lee, In Gon 1

1성균관대학교

Candidate

ABSTRACT

A child abuse needs to be considered in two ways. One is to act as a kind of harm to a child under the age of 16 due to the carelessness of a guardian (supervisor) who has a duty to protect or supervise, and the other is to deliberately inflict physical abuse (including pain). It refers to an act that jeopardizes the safety of life and body by acting mentally (psychically). It is the Supreme Court’s position to understand that the protection interests are logical, including mental distress, as long as it is viewed as the safety and personal rights of life and body. The current law broadly interprets that the act of delivering or being delivered to a business person or employee who is to be used for a job that is dangerous to the life or physical health of a child is also subject to child abuse. Therefore, it is necessary to effectively protect children by resolving the idea of ​​the past era, which considered children as private property as a kind of parent, from its roots. In other words, child abuse was intentionally inflicted (physical and mental) on the child by deliberate intention by the guardian (the subject of the customs, office management, social practices, cooking, as well as laws and contracts based on the occurrence of the supervisor, protection and supervisor status). In addition to the case, it was considered to be due to the negligence of the parent. How has this study evolved from the perspective of dealing with child abuse in our society and the sanctioned view of events? In particular, I first look at how the process of recognition and judgment of exercising the right of punishment in the areas of legal justice and legislative and judicial justice for child abuse in the home has evolved. Furthermore, compared to the West, the application of programs on the prevention of child abuse crimes in advanced countries in Japan, the United Kingdom and the United States, etc. in relation to the protection of child welfare in Korea, especially child abuse, and the advantages of Confucian traditions are complemented to suit the constitution of Korea. The aim is to develop effective systems for the development of child protection systems and prevention of child abuse crimes. The current Child Welfare Act, which was the main statute of child abuse in Korea, was amended in January 2000 as the Child Welfare Act. At the same time, the law aims to ensure the well-being of children so that they are born healthy and grow up happily and safely, and protects all children from all kinds of unfavorable social environments. Twenty years have passed since defining the concept of child abuse as a social problem by defining that it is in creating an ethos. In May 2016, it has been five years since the special law of the punitive (criminal) nature of the Special Act on the Punishment of Child Abuse Crimes, etc., which uses social consensus for the prevention of child abuse as its content. Critical claims have been constantly raised regarding the effectiveness and legislative method of the law, but at this point, in-depth consideration of the changes in the legislative and judicial views on child abuse in Korea and suggesting implications are the ways to secure the shortcomings in the past legislation. It is essential to establish a robust child abuse protection system in the future that it has failed to dispel the previous criticism by reflecting on the fragmentary revisions.

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