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Deals & Cases

Child abuse

Jinju Law Office Assistance | Criminal Complaint of Child Abuse Filed Against a Wife Pending Divorce, Resulting in a Fine

The client who visited the Jinju law office wished to divorce because of his wife's abuse of their child. Before the divorce, he wished to first file a criminal complaint for child abuse against his child, and for this he received the assistance of an attorney specializing in criminal matters at the Daeryun Jinju office.

CONTENTS
  • 1. Jinju Law Office, the Client's Visit
    • - The Client's Story as Heard by the Jinju Law Office
    • - Child Abuse Laws Explained by the Jinju Law Office
  • 2. The Jinju Law Office's Process of Assisting With the Criminal Complaint
    • - Jinju Child Abuse Attorney Explains the Serious Circumstances of the Wife's Abuse
    • - Jinju Child Abuse Attorney Explains the Harm to the Child Caused by the Wife's Abuse
  • 3. Result of the Jinju Law Office's Assistance, a Fine for Child Abuse
    • - If You Wish to File a Complaint for Child Abuse

1. Jinju Law Office, the Client's Visit

The client who visited the Jinju law office had a consultation. The client had grown weary of married life due to his wife's assault and verbal abuse, and he resolved to divorce after his wife recently subjected their child to severe abuse.

Before the divorce, the client wished to first proceed with a criminal complaint for child abuse. He said that other law firms had told him that filing a child abuse complaint would be difficult, so he visited Daeryun last.

The Daeryun Jinju law office stated that it would reflect the client's requests as fully as possible and do its best to work toward the result he sought.

The Client's Story as Heard by the Jinju Law Office

Jinju Law Office

After marrying his wife, the client experienced severe conflict due to her frequent verbal abuse and assault.

The child as well reportedly suffered from anxiety symptoms due to the wife's harsh nagging and verbal abuse.

In the meantime, serious domestic violence occurred, including the wife throwing objects at the child and dumping piles of trash into the child's room.

Having resolved to divorce as a result, the client wished, ahead of full divorce litigation involving the designation of the custodian and a claim for child support, to give top priority to proceeding with a criminal complaint for child abuse.

Determining that criminal punishment of the wife for child abuse would be significantly advantageous for the later designation of the custodian, Daeryun decided to assist the client through a task force team composed of Jinju child abuse attorneys.

Child Abuse Laws Explained by the Jinju Law Office

Child abuse can largely be divided into physical child abuse and emotional child abuse.

So what does emotional abuse mean?

Article 5 (Responsibilities of Guardians, etc.) of the Child Welfare Act, paragraph 2, provides that ‘a child's guardian shall not inflict physical pain or mental pain such as verbal abuse upon the child.

The types of emotional child abuse are as follows.

Verbal abuse

Conduct that criticizes or humiliates the child

Emotional abuse

Conduct that ignores or manipulates the child's emotions

Rejection and neglect

Conduct that rejects or ignores the child's wishes and fails to meet the child's basic needs

Intimidation and threats

Conduct that frightens or threatens the child

The punishment for committing child abuse is as follows.

▣ Article 71 of the Child Welfare Act

A physical act of abuse that harms a child's body or impairs the child's bodily health and development, an emotional act of abuse that harms a child's mental health and development, and an act of neglect such as abandoning a child under one's own protection and supervision or neglecting basic protection, care, treatment, and education, including food, clothing, and shelter, are punishable by imprisonment for up to 5 years or a fine of up to 50 million won.

※ Legal information on the types of child abuse crimes and the sentencing of child abuse offenders

2. The Jinju Law Office's Process of Assisting With the Criminal Complaint

To represent the client in filing the complaint, the Jinju law office collected all statements and evidence concerning the wife's acts of child abuse.

It then prepared a statement of complaint, emphasizing the mental abuse of the child by the wife and the child's resulting anxiety symptoms.

Jinju Child Abuse Attorney Explains the Serious Circumstances of the Wife's Abuse

The wife habitually engaged in verbal abuse, including loudly cursing at the child until late at night.

Moreover, although she was aware from the child's health examination results that the child's eyesight was significantly poor, to the point that glasses were needed, she left this unaddressed and did not even inform the client.

The point that the wife neglected and failed to perform her duty as a parent to support her child's healthy growth was emphasized.

Jinju Child Abuse Attorney Explains the Harm to the Child Caused by the Wife's Abuse

Unable to endure the wife's continued acts of abuse, the child went to a psychiatric clinic and was diagnosed with ‘post-traumatic stress disorder and major depressive disorder.’

The opinion on future treatment stated that ‘the child reported not receiving adequate care from the mother and experiencing irritation and anger, and that, as a result, the child shows psychological discomfort and avoidance even when merely recalling matters related to the mother.’

Accordingly, it was demonstrated that the child suffered significant mental harm due to the wife's abuse.

3. Result of the Jinju Law Office's Assistance, a Fine for Child Abuse

As a result of the Jinju law office's representation of the client in the complaint, a sentence of a fine was imposed against the wife.

If You Wish to File a Complaint for Child Abuse

If you wish to proceed with a criminal complaint against a perpetrator of child abuse, it is advisable to seek the assistance of a Jinju child abuse attorney.

This is because legal knowledge is required in order to collect evidence related to abuse and to clearly assert the facts of the abuse.

In particular, for those preparing for divorce, as in the case of the client above, an act of child abuse may constitute ‘unfair treatment by a spouse’ among the grounds of fault for divorce, so it is important to obtain a favorable judgment.

If you are experiencing difficulties in this regard, please feel free to visit the Daeryun Jinju law office at any time.

진주법률사무소 조력 | 이혼 예정 부인 상대로 아동학대 형사고소 결과 벌금형 성공

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.

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