Attorney Introduction | Sunhan Law Firm

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    CHILD ABUSE

    child abuse

    Meaning and types of child abuse

    Child abuse refers to physical, mental, or sexual violence or harsh treatment by adults, including guardians, that may harm the child's health or welfare or impede normal development, and to abandonment or neglect of the child by the child's guardian (Article 3, Paragraph 7 of the Child Welfare Act).

    Child abuse does not simply mean physical violence; it can take many forms, including:

    • Physical abuse: An act that causes physical harm to a child or harms his/her physical health and development.
    • Emotional abuse: Actions that harm a child’s emotional development through verbal abuse, insults, threats, etc.
    • Sexual abuse: Conducting sexual acts against children or causing sexual shame
    • Neglect: An act of a guardian failing to provide the child with the necessary protection, nurturing, and treatment.

    Because children often find it difficult to protect their rights on their own, prompt protective measures are needed when child abuse is suspected.

    Child abuse reporting and protection measures for child victims

    Anyone can report child abuse, and in particular, people in certain occupations such as medical personnel, teachers, and workers at child welfare facilities are obligated to report child abuse and are obligated to immediately report if abuse is suspected.

    When a report is received, the police and child protection agencies investigate abuse and, if necessary, take protective measures to ensure the safety of the child victim.

    Measures to protect child victims include the following:

    • Separation of abusers and victims
    • Emergency measures for victimized children
    • Delivery to protective facilities, etc.
    • Counseling and treatment support, etc.

    In child abuse cases, ensuring the safety and stable protection of the child victim is given priority above all else.

    Punishment for child abusers

    Child abusers may be subject to criminal punishment depending on the severity of the act and the specific circumstances.

    However, not all cases proceed only through criminal punishment procedures, and may be handled as child protection cases considering the circumstances of the case and the possibility of recidivism.

    In child protection cases, the court may take the following protective measures against child abusers (Special Act on Punishment of Child Abuse Crimes, etc.).

    These measures are aimed at protecting children and preventing recurrence of abuse.

    • 1. Restrictions on the child abuser's access to the child victim or family member
    • 2. Restrictions on the act of a child abuser accessing a child victim or a family member using telecommunications under Article 2, Paragraph 1 of the Framework Act on Telecommunications.
    • 3. Restriction or suspension of the exercise of parental or guardianship rights over the child victim.
    • 4. Community service and class attendance order pursuant to the Act on Probation, etc.
    • 5. Probation under the Act on Probation, etc.
    • 6. Entrustment of custody to a custody facility established under the Ministry of Justice or a protection facility designated by the Minister of Justice
    • 7. Entrustment of treatment to medical institutions
    • 8. Entrustment of consultation to child protection agencies, counseling centers, etc.

    Child abuse and parental and custody issues

    If a parent is the perpetrator of child abuse, this is considered an important circumstance in determining parental rights and custody.

    If child abuse is recognized or concerned, interview negotiations with parents may be restricted or excluded for the safety of the child. Additionally, the family court may restrict or suspend a parent's parental rights if necessary for the welfare of the child, and in serious cases, may determine loss of parental rights.