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A Study on Countermeasures for the Prevention of Child Abuse Crimes

  • Legal Theory & Practice Review
  • Abbr : LTPR
  • 2022, 10(2), pp.351-376
  • Publisher : The Korea Society for Legal Theory and Practice Inc.
  • Research Area : Social Science > Law
  • Received : April 20, 2022
  • Accepted : May 28, 2022
  • Published : May 31, 2022

KIM JAE HAN 1

1목포대학교

Accredited

ABSTRACT

In our society, it is not long ago that the severity of child abuse has been raised as a social problem. Due to the social trend that takes patriarchal hierarchies for granted, it was taken for granted to minimize the intervention of the state in cases that occur at home, such as child abuse. However, due to the continuous occurrence of child abuse cases and the increase in deaths due to abuse, public outrage arose, leading to a demand for a systematic and strengthened policy for the prevention of child abuse. In the end, “Act On Special Cases Concerning The Punishment Of Child Abuse Crimes” was enacted in 2014 with the content of strengthening punishment for child abuse offenders and providing emergency measures and protection for victims. However, due to the nature of child abuse, which is mainly caused by guardians who form an intimate relationship in a closed space, there are still many cases where it is not revealed to the outside. Therefore, the abuse occurred repeatedly, and the form and method were also cruel. In the end, a 16-month-old child born in October 2020 died due to the abuse of his adoptive parents. With this incident as an opportunity, a response plan at the national level was required to raise the sentencing standard for criminal acts related to child abuse and to lower the recidivism rate. As a result, the 'Child Abuse and Murder Crimes' was newly established, which provided a heavier punishment than the previous crimes of the 'child abuse resulting in death' or 'murder'. However, since it is difficult to solve the fundamental problem of prevention and prevention of child abuse only by strengthening punishment, this study tried to find effective countermeasures in terms of prevention and prevention of child abuse. To this end, based on the current status and actual conditions of child abuse, we pointed out the deficiencies of the current laws and systems and sought ways to improve them. In addition, practical measures were presented to prevent re-abuse, which is increasing due to the nature of the behavior by close guardians in a closed space.

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