Child Abuse

This refers to any act in which an adult, including a guardian, inflicts physical harm on a child or allows the child to suffer physical harm.

This refers to verbal insults, emotional threats, confinement or restraint, and other sadistic acts that an adult, including a guardian, commits against a child, and it is also called verbal, mental, or psychological abuse.

This refers to any sexual act that an adult, including a guardian, commits against a child for the purpose of his own sexual gratification.

This refers to a guardian placing a child in a dangerous environment or failing to provide the child with necessary food, clothing, and shelter, compulsory education, medical measures, and similar necessities.

Where a person receives a guilty verdict for a child abuse crime (except for a suspension of sentencing), the court may also order, within a maximum range of 200 hours, attendance at an educational program to prevent recidivism or completion of a child abuse treatment program.

An attendance order or a completion order can be imposed concurrently regardless of whether an actual sentence or a suspended sentence is imposed.

In addition, the court may, while suspending the execution of the sentence, impose probation or a community service order, among others, together with the attendance order.

Where the court suspends the execution of the sentence for a child abuse offender, it may impose, in addition to the attendance order, one or more dispositions of probation or community service within the period of the suspended sentence.

If a person has committed a child abuse crime, then, in addition to the resulting criminal punishment, loss of parental authority or restriction on the exercise of parental authority may occur.

In practice, where a guardian who should be responsible for protecting and caring for the child has committed abuse, the court may pronounce loss of parental authority, as maintaining parental authority is judged to be contrary to the child's welfare.

In addition, where the head of a child welfare facility or the head of a school judges that a child abuse act falls under grounds for loss of parental authority, that head may request the Mayor/Do Governor, the head of a Si/Gun/Gu, or a prosecutor to file for a restriction on parental authority or a pronouncement of loss of parental authority.

A person whose sentence or custodial treatment for a child abuse crime has become final may not, for a certain period, be employed by or operate a child-related institution. (Article 29-3 (1) of the Child Welfare Act)

Where the execution of that sentence or custodial treatment has been completed or is deemed to have been completed, or where it has been finally determined that the execution will not take place, operating a child-related institution, being employed there, or providing de facto labor there is restricted for 10 years from that point.

Unlawful Arrest and Confinement (General Criteria)

Abandonment and Abuse (General Criteria)

When a child abuse charge is raised, the first statement is very important.

Before making a statement, one should know and exercise the right to remain silent, and be aware that one can request the assistance of counsel.

You should accurately determine for yourself whether the conduct at issue constitutes child abuse, and you should prepare to explain the circumstances at the time of the incident objectively.

In particular, if there was no intent to abuse or if there was a misunderstanding, it is necessary to make that point clear.

You should preserve all materials related to the incident, such as relevant conversation records, text messages, photographs, and videos, without deleting them.

Unnecessary deletion or concealment can operate as unfavorable evidence.

Securing objective materials that are important for determining whether child abuse occurred is necessary.

You should gather surrounding statements, CCTV footage, digital records, and similar materials that can support the situation, and use them to clarify your position.

When preparing a criminal complaint, securing as much evidence as possible to prove the harm is very important.

You should organize materials such as the following systematically, along with their dates.

To proceed with a child abuse complaint, you must first confirm whether you have the authority to file the complaint.

A complaint can be filed by the affected child, the child's legal representative, or a relative of the affected child.

Next, you should gather as much related evidence as possible, such as photographs, videos, diagnostic certificates, counseling records, and call recordings that can prove the harm, and organize them along with their dates.

When drafting the complaint, you should include the following matters.

The completed complaint can be submitted by visiting the civil affairs office of the competent police station or prosecutors' office in person, or it can be sent by mail.

There are systems that provide counseling, education, and medical and psychological treatment support for affected children and their families.

After return to the home, a dedicated public official and a private expert visit to provide continuous guidance and management.