@article{ART003210397},
author={Saeyoung PARK},
title={A Study on Legal Support for Children of Incarcerated Parents},
journal={Legal Theory & Practice Review},
issn={2288-1840},
year={2025},
volume={13},
number={2},
pages={627-651}
TY - JOUR
AU - Saeyoung PARK
TI - A Study on Legal Support for Children of Incarcerated Parents
JO - Legal Theory & Practice Review
PY - 2025
VL - 13
IS - 2
PB - The Korea Society for Legal Theory and Practice Inc.
SP - 627
EP - 651
SN - 2288-1840
AB - Even though the children of incarcerated parents are not criminals, they are suffering from social criticism due to their parents' crimes. The state should separate the crime from the children and make efforts to provide them with practical support and protection. In this article, the domestic and international situation for the children of incarcerated parents and the support measures under the current law were examined, and improvement measures were reviewed. In order to secure the effectiveness of the UN Convention on the Rights of the Child, the 2018 Council of Europe recommendation was presented, and Germany is focusing on the practical guarantee of visitation rights. Southkorea is also a ratifying country of the same convention and is improving the system to ensure the practical guarantee of visitation rights. Prison Act does not specifically provide for children of incarcerated parents, but it has established enforcement decree and guidelines for social rehabilitation support to ensure the practical guarantee of visitation rights and has formed separate dedicated personnel to support children of incarcerated parents. The current method of economic support that follows the standards of social welfare laws such as the Child Welfare Act rather than enacting a separate special law is more systematic. The dedicated department should closely observe the situation of children of incarcerated parents and provide them with strong protection. Support for crime victims and their families has a legal basis in the Crime Victim Protection Act. Expansion of the concept of victim was considered in that the nature of the work, such as financial support and counseling for these victims, was also necessary for the children of incarcerated parents, but the results were negative. In this article, it is proposed to clarify the general extenuating circumstances for the suspension of execution at the sentencing stage, and at the execution stage, there is a need to flexibly meet the time and timing of visits, like in Germany.
KW - Children of Incarcerated Parents;Victims of Crime;Convention on the Rights of the Child;Visitation Rights;Family-Sensitive Execution of Sentences in Germany
DO -
UR -
ER -
Saeyoung PARK. (2025). A Study on Legal Support for Children of Incarcerated Parents. Legal Theory & Practice Review, 13(2), 627-651.
Saeyoung PARK. 2025, "A Study on Legal Support for Children of Incarcerated Parents", Legal Theory & Practice Review, vol.13, no.2 pp.627-651.
Saeyoung PARK "A Study on Legal Support for Children of Incarcerated Parents" Legal Theory & Practice Review 13.2 pp.627-651 (2025) : 627.
Saeyoung PARK. A Study on Legal Support for Children of Incarcerated Parents. 2025; 13(2), 627-651.
Saeyoung PARK. "A Study on Legal Support for Children of Incarcerated Parents" Legal Theory & Practice Review 13, no.2 (2025) : 627-651.
Saeyoung PARK. A Study on Legal Support for Children of Incarcerated Parents. Legal Theory & Practice Review, 13(2), 627-651.
Saeyoung PARK. A Study on Legal Support for Children of Incarcerated Parents. Legal Theory & Practice Review. 2025; 13(2) 627-651.
Saeyoung PARK. A Study on Legal Support for Children of Incarcerated Parents. 2025; 13(2), 627-651.
Saeyoung PARK. "A Study on Legal Support for Children of Incarcerated Parents" Legal Theory & Practice Review 13, no.2 (2025) : 627-651.
