CONTENTS
- 1. The Client Involved in the Parental Child Abuse Case
- 2. The Criminal Defense Lawyer's Strategy for Defending the Parental Child Abuse Case
- - Child Abuse Suspicion Response Strategy ① | Arguing the Circumstances of the Marital Quarrel and the Non-Establishment of Emotional Abuse
- - Child Abuse Suspicion Response Strategy ② | Establishing the Waiting Time in the Vehicle and the Absence of Intent to Neglect
- - Child Abuse Suspicion Response Strategy ③ | Establishing the Cause of the Child's Crying and the Circumstances of the Separation Measure
- 3. Suspicion of Parental Child Abuse, the Case Concluded With a Non-Prosecution Disposition
- - In What Situations Can a Marital Quarrel Be Recognized as Child Abuse?
- - The Level of Punishment for Child Abuse and Additional Measures
- - Frequently Asked Questions When Responding to a Suspicion of Child Abuse
1. The Client Involved in the Parental Child Abuse Case
The client involved in the parental child abuse case was facing a police investigation after the course of a marital quarrel with the spouse was reported as emotional abuse of the child.
On the day of the incident, the client and the spouse got into an argument over living expenses in their vehicle.
As the argument continued, the client got out of the vehicle to calm down but, unable to contain the anger, threw the spouse's mobile phone that he was holding onto the ground and cracked the screen.
When the spouse saw the mobile phone with the cracked screen and said she would report it to the police, the dispute resumed, and the couple headed to a nearby local police substation in a state in which their emotions had not subsided.
Upon arriving at the substation, the couple went inside together, and in the meantime their elementary-school child was left in the vehicle for a while.
When the verification procedure inside the substation grew lengthy, the client informed the officers that the child was alone in the vehicle, went outside, and brought the child in.
Flustered, the child cried at the sudden situation, and on that basis the officer on the scene booked the couple on a suspicion of emotional child abuse, citing the fact that the child had been exposed to the marital quarrel and had been alone in the vehicle.
Accordingly, the client, saying that she had not expected a marital quarrel to lead to a suspicion of emotional child abuse, came to Daeryun's criminal defense lawyer to respond to the police investigation.
2. The Criminal Defense Lawyer's Strategy for Defending the Parental Child Abuse Case
To defend against punishment in the parental child abuse case, Daeryun's criminal defense lawyer once again organized the situation on the day of the incident.
In this case, the key was not the fact that a marital quarrel had taken place, but whether that situation amounted to emotional abuse or neglect directed at the child.
Accordingly, the criminal defense lawyer submitted a defense counsel's written opinion, specifically establishing the actual severity of the marital quarrel, the time the child was alone in the vehicle, and the reason the child came to cry at the substation.
Child Abuse Suspicion Response Strategy ① | Arguing the Circumstances of the Marital Quarrel and the Non-Establishment of Emotional Abuse
The criminal defense lawyer submitted a defense counsel's written opinion, organizing the circumstances of the dispute between the couple on the day of the incident and the overall situation, and presented an opinion centered on the point that this matter was difficult to conclude as emotional abuse of the child.
The lawyer also explained that the words and conduct that occurred in the course of the marital quarrel and the part that directly affected the child should be viewed separately.
On this basis, the lawyer emphasized that this conflict had arisen in the course of a dispute between the couple, and that it was unreasonable to regard it directly as an act of abuse against the child.
Child Abuse Suspicion Response Strategy ② | Establishing the Waiting Time in the Vehicle and the Absence of Intent to Neglect
Regarding the circumstances in which the child came to be left alone in the vehicle, the criminal defense lawyer organized the point that, from the outset, the client had not left the child, but that this was a situation that arose temporarily as matters unfolded.
The lawyer also explained that the client had responded immediately, informing the officer as soon as she became aware of the fact and promptly bringing the child in.
In addition, taking together the child's age, the location at the time, and the call records, the lawyer presented the position that, given that the time the child was alone in the vehicle was not long, it was difficult to find that there had been any intent to neglect.
Child Abuse Suspicion Response Strategy ③ | Establishing the Cause of the Child's Crying and the Circumstances of the Separation Measure
Daeryun's criminal defense lawyer once again organized the situation at the time so that the child's crying at the substation would not be concluded as abuse by the parents.
It appeared that the child had cried not so much because of the scene of the marital quarrel, but out of surprise at the unfamiliar situation of suddenly entering the substation and facing several officers.
The lawyer also explained that, although at the time it had appeared as if the child said he wanted to be apart from the parents, in reality this was closer to meaning that, bewildered by the unfamiliar place and atmosphere, the child wanted to be alone for a moment.
On this basis, the criminal defense lawyer established that the child's crying could not be concluded as a result of parental child abuse and was closer to the bewilderment and anxiety felt in the unfamiliar substation situation.
3. Suspicion of Parental Child Abuse, the Case Concluded With a Non-Prosecution Disposition
As a result of the defense against the suspicion of parental child abuse, the prosecutors, after reviewing the materials, issued a disposition of no suspicion of crime (insufficient evidence) for the couple.
The prosecutors found that the intent of the couple to emotionally abuse or neglect the child had not been sufficiently established.
As a result, the couple were able to escape the burden of criminal punishment arising from the parental child abuse case.
In What Situations Can a Marital Quarrel Be Recognized as Child Abuse?
As in this case, the fact that a marital quarrel was exposed to a child does not immediately mean that parental child abuse is recognized.
The Child Welfare Act regards mental violence or cruel treatment that may harm a child's health and welfare or hinder normal development as an emotional abuse act.
This includes the act of exposing a child to domestic violence.
If verbal abuse or violence is repeated in front of a child and the child directly witnesses the scene or is harmed in the course of trying to stop it, this may be judged as emotional child abuse.
Because parents must protect their children so that they can live in a safe environment, even a dispute between a couple may lead to a criminal case if its severity is high and it is enough to instill fear in the child.
Situations that may lead to a parental child abuse case are as follows.
- Where verbal abuse or profanity is repeated in front of a child
- Where objects are thrown or assault occurs in front of a child
- Where assault or a threat is directed at a child who was trying to stop a marital quarrel
- Where a person, while intoxicated, shouts at a child or instills fear
- Where situations of domestic violence are repeatedly exposed to a child
- Where a child shows reactions such as anxiety, fear, or sleep disturbance
If the dispute between the couple is closer to a one-time occurrence, there was no profanity or threat directed at the child, and there are circumstances showing that the guardian looked after the child immediately, it is possible to contest whether child abuse is established.
The Level of Punishment for Child Abuse and Additional Measures
If a suspicion of parental child abuse is recognized, criminal punishment and measures to protect the victimized child may be handled together.
An emotional abuse act is prohibited under Article 17, subparagraph 5, of the Child Welfare Act, and a violation thereof may be punishable by imprisonment for not more than five years or a fine not exceeding 50 million won under Article 71, paragraph 1, subparagraph 2, of the same Act.
Category | Content |
|---|---|
Emotional abuse act | Imprisonment for not more than five years or a fine not exceeding 50 million won |
Attendance order / completion order | Upon a conviction or a summary order, may be imposed concurrently within a limit of 200 hours under Article 8 of the Act on Special Cases concerning the Punishment of Child Abuse Crimes |
Temporary measure | Eviction from the residence, restriction of approach, restriction of contact, and the like |
Measures related to parental authority | Depending on the matter, restriction or suspension of the exercise of parental authority may be at issue |
In a child abuse case, along with the level of criminal punishment, one must also examine the measures to protect the victimized child and whether an attendance order or completion order applies.
From the early stage of the investigation, protective measures such as separation from the child, restriction of approach, and restriction of contact may be imposed, and if guilt is recognized, an attendance order or an order to complete a child abuse treatment program may even be imposed, so from before the first investigation one must respond by distinguishing whether the suspicion is established from the need for protective measures.
Frequently Asked Questions When Responding to a Suspicion of Child Abuse
Q. In a parental child abuse case, do a settlement or a statement of no desire for punishment help?
A. In a parental child abuse case as well, efforts to recover the harm or an intention not to seek punishment may be considered as sentencing materials. However, since child abuse is a case in which the protection of the victimized child is handled together, submitting only a settlement agreement does not mean that the suspicion immediately disappears. It is important to organize and submit, together, the circumstances of the apology, the efforts to prevent recurrence, and materials on the completion of counseling or education.
Q. In a parental child abuse case, can a first-time offender receive a suspension of indictment?
A. Even a first-time offender in a parental child abuse case may have the possibility of a suspension of indictment reviewed depending on the content of the case. However, being a first-time offender alone does not determine a suspension of indictment; the degree of the act, its repetitiveness, the condition of the victimized child, and the guardian's remorse and efforts to prevent recurrence are examined together. One must respond by distinguishing whether the suspicion is acknowledged from the direction of submitting materials for leniency.
Whether emotional abuse or neglect is established in a suspicion of child abuse may vary depending on how the severity of the marital quarrel, the scene the child actually saw, and the measures taken by the guardian are explained at the first police investigation stage.
Daeryun, the ninth-largest law firm in Korea (based on 2025 value-added tax filings with the National Tax Service), provides assistance at each stage of a child abuse case, from responding to the police investigation and preparing the defense counsel's written opinion to responding at trial.
In addition, working with the Evidence Investigation Center and the Digital Forensics Center, it analyzes objective materials such as CCTV, mobile phone data, conversation records, and counseling records, and on that basis responds systematically, including the direction of the defense contesting whether the suspicion is established.
If you are facing a police investigation on a suspicion of child abuse, or are worried about separation from your child, restriction of approach, or the possibility of trial, please review the response direction suited to your current situation through a 🔗legal consultation reservation.
This content is based on actual case studies of Daeryun Law LLC with some adaptations, and the copyright belongs to our firm.
Unauthorized reproduction, duplication, or distribution and other copyright infringements may result in legal action under applicable laws.
