Child Abuse Attorney | Child Abuse Specialist Attorney Who Secured a Non-Referral Decision on Charges of Violating the Child Welfare Act

The client had one daughter, a middle school student, as a child.

One day, the client learned that the child had been tormented for more than a year by a male student, A, in the same class (hereinafter the victimized child), and that the child had ultimately reported this as school violence.

Accordingly, a dedicated school violence body was established at the school, and the client attended as the child's guardian.

On the day of the inquiry, the client, who encountered the victimized child at the school, momentarily lost composure and approached the victimized child, shouting words such as “If you keep this up, I will not let it go” and “You will be punished as much as you did to my child.”

In response, the victimized child's parents filed a criminal complaint against the client on charges of violating the Child Welfare Act, and the client came to a child abuse specialist attorney to respond.

1) The Client's Unstable Psychological State and Deep Reflection
The child abuse attorney made clear that the circumstances giving rise to the case stemmed from a school violence incident between the client's child and the victimized child.

Accordingly, using a psychiatrist's opinion and records of medication treatment as evidence, the attorney emphasized that the client's psychological state remained considerably unstable due to the harm suffered by the child, and asserted that the conduct upon encountering the victimized child was an act committed by momentarily losing composure as a result of this psychological state.

The attorney also submitted the client's letter of reflection, emphasizing that the client was deeply reflecting and had conveyed a sufficient apology to the victimized child.

2) Emphasizing the Need to Maintain the Client's Employment
The client was currently serving in public office, and was in a situation in which the client could lose employment if a sentence of a fine or heavier became final.

Accordingly, the child abuse attorney collected and organized the client's pay statements, statements of maintenance fees, and bankbook records.

Through this, the attorney emphasized that the client was solely responsible for the family's livelihood and that, if convicted, the family's livelihood would become very difficult, and appealed for these circumstances to be taken into account.

3) Submission of Petitions from Family and Acquaintances
The child abuse attorney gathered and submitted petitions from the client's family and colleagues.

In submitting the petitions, the attorney also submitted, as a written opinion, points such as that the client had lived diligently as a member of society and that the family and colleagues strongly wished for leniency, emphasizing that the client was the head of a household and a diligent member of society.

As a result of the child abuse attorney's assistance, the investigative agency recognized that the client committed the act under particular circumstances in an unstable psychological state, and that the client was a first-time offender who was deeply reflecting.

Accordingly, a non-referral decision was issued, and the client was able to conclude the case without incident.

What Is a Non-Referral Decision?

A non-referral is when the police, during the investigation at the police stage, conclude the case without referring it to the prosecution.

Because a non-referral decision is not recorded as a criminal record (criminal history data), it does not cause disadvantages in social activities.

Trafficking or sexually abusing childrenImprisonment of up to 10 years or a fine of up to 100 million wonmay be punished.

Additionally, acts such as physically or emotionally abusing or neglecting children, or forcing children to beg are prohibited.Imprisonment of up to 5 years or a fine of up to 50 million wonmay be punished.

Additionally, if found guilty, the court not only imposes criminal punishment but also imposes criminal punishment.An order to attend classes or complete a child abuse treatment program to prevent recidivism within the scope of 200 hours.can be ordered together.

When the perpetrator of child abuse is not a parent with parental authority but an ordinary person such as a teacher, a neighbor, or a relative, the approach of the judicial authorities and the points of risk management differ greatly from those in a parent's case.

The characteristics and additional disadvantages faced from the standpoint of an ordinary-person perpetrator are as follows.

1) Legal Screening as to Whether the Conduct Constitutes Child Abuse
The child abuse attorney first examines whether the conduct at issue actually constitutes an ‘act of abuse’ under the Child Welfare Act.

Because emotional remarks, momentary words or conduct, and conduct occurring in the course of protection or guidance must be distinguished from abuse under the law, the attorney judges the possibility that the charge is established and designs the defense logic with a focus on whether the elements are satisfied.

2) Systematic Explanation of the Degree, Continuity, and Intent of the Conduct
In a child abuse case, the intensity, repetitiveness, and intentionality of the conduct become important factors in the determination.

The child abuse attorney distinguishes and organizes whether the conduct was accidental, whether it constitutes continuous abuse, and whether there was intent, and logically conveys to the investigative agency that the need for punishment is low.

3) Active Defense Through the Submission of Written Opinions and Materials at Each Investigation Stage
The written opinions and materials submitted during the police investigation and at the stage of determining whether to refer the case can determine the direction of the case.

The child abuse attorney organizes the statement strategy in advance and composes a written opinion centered on grounds for mitigation and the low risk of reoffending, responding so that the matter does not lead to unnecessary criminal proceedings.

Daeryun Law Firm, the 9th-ranked law firm in the Republic of Korea (based on 2025 value-added tax filings), forms a task force of 1 to 20 members, including a child abuse specialist attorney and a criminal law specialist attorney, depending on the nature of the matter, and reviews a stage-by-stage response.

If you are in a situation that requires the assistance of a child abuse specialist attorney, please use the 🔗Legal Consultation Booking to consult on a review of the overall case and the direction of the response.