Practice Areas

Violation of the Child Welfare Act

A violation of the Child Welfare Act is an act that breaches the law enacted to protect the welfare and rights of children. Where it seriously harms a child's physical and mental health and safety, it becomes subject to criminal punishment.

CONTENTS

1. Violation of the Child Welfare Act | Meaning
- - Types
2. Violation of the Child Welfare Act | Punishment Standards
- - Criminal Punishment
- - Disposition Order
3. Violation of the Child Welfare Act | Employment Restriction
- - Persons Subject to the Employment Restriction
- - Employment Restriction Period
- - Institutions Subject to the Employment Restriction
4. Violation of the Child Welfare Act | In the Case of the Offender
- - Investigation Stage
- - Trial Stage
5. Violation of the Child Welfare Act | In the Case of the Victim
- - Filing a Report
- - Filing a Complaint
6. Violation of the Child Welfare Act | If You Need Professional Assistance

1. Violation of the Child Welfare Act | Meaning

Daeryun child abuse conduct practice area concerning violation of the Child Welfare Act

A violation of the Child Welfare Act is a criminal act that breaches the laws on the protection and welfare of children and harms or endangers a child's life, body, or mind.

Under the law, a child is treated as a special being deserving of protection.

The Child Welfare Act provides the minimum safeguards for that purpose.

For this reason, conduct that harms a child or neglects to provide proper protection is subject to heavy punishment.

Types

Violations of the Child Welfare Act take various forms.

The main types are as follows.

∙ Trafficking a child

∙ Sexual abuse, such as causing or mediating a child to perform an obscene act, or sexual harassment

∙ Physical abuse that injures a child's body or harms the child's health or development

∙ Emotional abuse that harms a child's mental health and development

∙ Neglect, such as abandoning a child under one's protection or supervision, or failing to provide basic protection, care, and education

∙ Displaying a child with a disability to the public

∙ Making a child beg, or begging by using a child

∙ Forcing a child to perform acrobatics harmful to the child for the purpose of amusement or entertainment, and handing the child over to a third party

∙ Unauthorized arrangement of child-rearing and the act of receiving, demanding, or promising money or goods

∙ Using money or goods donated or paid for a child for purposes other than intended

What is emotional child abuse?

2. Violation of the Child Welfare Act | Punishment Standards

Key practice areas of a criminal attorney regarding violation of the Child Welfare Act

The punishment standards for violation of the Child Welfare Act are as follows.

Criminal Punishment

A violation of the Child Welfare Act is treated as a crime that gravely threatens the safety and welfare of children, and it is subject to strict criminal punishment.

The main levels of punishment are as follows.

Conduct	Level of Punishment
Trafficking of a child	Imprisonment for not more than 10 years or a fine not exceeding 100 million won
Sexual abuse
Physical abuse	Imprisonment for not more than 5 years or a fine not exceeding 50 million won
Emotional abuse
Neglect
Displaying a child with a disability to the public
Forcing a child to beg
Unauthorized arrangement of child-rearing	Imprisonment for not more than 3 years or a fine not exceeding 30 million won
Improper use of money or goods
Forcing harmful acrobatics and the act of handing a child over to a third party	Imprisonment for not more than 1 year or a fine not exceeding 10 million won

Are you curious about the level of punishment for child abuse?

Disposition Order

Where the court renders a guilty verdict (excluding suspension of sentencing) against a person who has committed child abuse, it may, together with the verdict, order an attendance order or an order to complete a child abuse treatment program for the prevention of recidivism, within a range of 200 hours.(Article 8 (1) of the Act on Special Cases concerning the Punishment of Child Abuse Crimes)

The educational content of the attendance order or completion order is as follows.

▷ Diagnosis of and counseling on child abuse behavior

▷ Education to instill the basic qualities required of a guardian

▷ Other matters necessary for preventing recidivism by a person who has committed child abuse

3. Violation of the Child Welfare Act | Employment Restriction

Daeryun Criminal Group legal advisory on charges of violating the Child Welfare Act

A person with a record of a child abuse-related crime is barred for a set period from working at or operating child-related institutions.

Persons Subject to the Employment Restriction

A person restricted from employment at child-related institutions is one who has been sentenced to a punishment or to protective custody for medical treatment for a child abuse-related crime. (Article 29-3 (1) of the Child Welfare Act)

Employment Restriction Period

A person with a record of a child abuse-related crime is barred from operating or working at child-related institutions for 10 years from the date on which the execution of the punishment or protective custody for medical treatment imposed for that crime is fully or partly completed or is exempted.

Institutions Subject to the Employment Restriction

A person with a record of a child abuse-related crime may not operate or work at any of the following facilities or institutions.

▷ The National Center for the Rights of the Child, integrated service institutions for children of vulnerable groups, child protection agencies, community care centers, foster care support centers, and child welfare facilities

▷ Local governments (limited to dedicated public officials, private experts, and public officials assigned to child abuse matters)

▷ Emergency call centers, domestic violence-related counseling centers, and protection facilities for victims of domestic violence

▷ Healthy family and multicultural family support centers

▷ Daycare centers and kindergartens

▷ Medical institutions (limited to medical personnel)

▷ Welfare facilities for persons with disabilities

▷ Youth facilities and youth organizations

▷ Juvenile reformatories and juvenile classification review centers, and the like

Are you curious about administrative dispositions at daycare centers?

4. Violation of the Child Welfare Act | In the Case of the Offender

A violation of the Child Welfare Act carries serious legal consequences for both the offender and the victim.

Because the outcome can vary widely depending on how the case proceeds, you should understand the procedure accurately and respond promptly.

Investigation Stage

For a charge of violating the Child Welfare Act, statements made early in the investigation can significantly affect the outcome of the investigation and the trial that follows.

For this reason, you should respond with attention to the following points.

▷ Maintaining consistency in your statements

In the early stages of an investigation, you risk making an unfavorable statement while flustered or confused.

You should recall the events and keep your statements consistent and grounded in the facts as much as possible, and it is advisable not to draw hasty conclusions about ambiguous points.

▷ Considering the use of the right to remain silent and the right to refuse to testify

Where you are pressured to make a statement or the intent of a question is unclear, you may exercise the right to refuse to answer rather than forcing a response.

This is a legally guaranteed right, and it does not count against you.

▷ Refraining from emotional responses

If you react emotionally out of a sense of injustice during the investigation, it may instead be read unfavorably.

It is important to convey your position calmly and composedly.

Trial Stage

Where a formal indictment is filed and a trial proceeds, you may respond according to the following procedure.

▷ Understanding and preparing for the trial proceedings

Once you are notified of a trial date, you must appear on that date, and you will state your position on the charge directly before the court.

You should organize your arguments and their grounds in advance.

▷ Organizing circumstances that may affect sentencing

Apart from cases where the facts are disputed, you should submit materials that correspond to sentencing factors, such as your remorse, your efforts to remedy the harm, and the motive and circumstances of the offense, so that the court may consider them.

▷ Attempting a settlement with the victim

A settlement and mediation strategy that takes into account the protection of the child victim and the family can also greatly help bring about an amicable resolution of the case

▷ Being careful with conduct before and after the verdict

Your attitude and responses up to the verdict can all affect the court's determination.

Diligent attendance and submission of a letter of apology may be taken into account in the outcome, and even after the verdict, you should carefully consider matters such as whether to appeal.

5. Violation of the Child Welfare Act | In the Case of the Victim

If you are a victim of a violation of the Child Welfare Act or have become aware of such a crime, you may take action according to the following procedure.

Filing a Report

If you become aware of, or suspect, a child abuse crime, you must report it immediately to a City/Do, a Si/Gun/Gu, or an investigative agency.(Article 10 (2) of the Act on Special Cases concerning the Punishment of Child Abuse Crimes)

In particular, teachers, medical personnel, and workers at child-related facilities are designated as mandatory reporters.

If a mandatory reporter fails to report child abuse, an administrative fine of not more than 10 million won is imposed.

How to secure CCTV evidence?

Filing a Complaint

A person who falls under any one of the following may file a complaint against someone who has committed a Violation of the Child Welfare Act.

In addition, Article 224 of the 「Criminal Procedure Act」 provides that a person may not file a complaint against his or her own lineal ascendant or that of a spouse.

In the case of a child abuse crime, however, a complaint may be filed even if the offender is a lineal ascendant of the complainant or of the complainant's spouse.

▶ The child victim of child abuse

▶ The legal representative of the child victim of child abuse

▶ A relative of the child victim of child abuse

6. Violation of the Child Welfare Act | If You Need Professional Assistance

If you are facing difficulties because of a Violation of the Child Welfare Act case, you may consult a criminal attorney at Daeryun Law Firm for professional assistance.

Daeryun Law Firm has a number of criminal attorneys with experience across the courts, the prosecution, and the police.

Through its consultation system, the firm assesses each case accurately and assigns an attorney with relevant experience to develop a tailored response strategy.

The firm also works to protect the client's interests throughout the entire process, including accompanying clients to police questioning, assisting with the collection of evidence, and presenting arguments in court.