Jinju Legal Consultation Assistance Case | Client Sent to Trial for Child Abuse, Defended to a Non-Disposition with Daeryun's Assistance

The client's detailed account was heard through the Jinju legal consultation.

The client and his daughter generally had a good relationship, but as the daughter entered puberty, arguments large and small began to arise.

When the daughter said she wanted to become a singer and asked for support with academy fees, the client persuaded her, saying she should not neglect her studies.

From this point on, the daughter reportedly became very aggressive.

Nevertheless, for his daughter's safety, the client always used to pick her up even when she came home late at night. On one such occasion, he discovered that the daughter, who had said she was going to study, had been out playing with friends.

This led to a serious argument with the client, and as a dispute over the child's upbringing followed with his wife, the daughter suddenly left home and reported the client to the police on a charge of child abuse.

The client wished to obtain a non-disposition by conducting a legal consultation at Daeryun's Jinju office.

At the Jinju legal consultation, we will explain the definition of child abuse and the level of punishment.

🔗Child Abuserefers to an adult, including a guardian, committing physical, mental, or sexual violence or cruel treatment that may harm a child's health or welfare or impede the child's normal development, as well as a child's guardian abandoning or neglecting the child.

So what is the level of punishment for child abuse?

• If life is endangered: imprisonment for at least 3 years

If it results in death: imprisonment for at least 5 years

If the child is killed: imprisonment for at least 7 years

If the health and development of the body is harmed: imprisonment for not more than 5 years or a fine not exceeding 50 million won

The Supreme Court has held: “In determining whether conduct amounts to physical abuse under the Child Welfare Act, the determination must be made comprehensively, taking into account the place and time at which the conduct occurred, the motive and circumstances leading to the conduct, the degree and manner of the conduct, the child's reaction, and other specific circumstances before and after the conduct, together with the child's age and state of health, the actor's usual disposition, and whether similar conduct was repeated and over what period.” (See Supreme Court Decision 2017Do12742, rendered January 16, 2020)

The client's daughter was neglecting her studies, saying she wanted to become a singer. The client used to nag her to the effect that it would be good to keep up with her studies for the sake of her future stability.

We argued that there had been no abusive language or assault whatsoever.

The client's conduct did not result in any physical harm to the daughter, nor did it reach a degree that would harm the daughter's health and development.

We therefore argued that the client's conduct was not the physical or emotional abuse prohibited under the Child Welfare Act.

The daughter was going through puberty and appears to have harbored strong rebelliousness and hostility toward the client due to the interruption of her studies and her concerns about her career path.

We also argued that her report of the client to the police was made in a state of heightened emotion, and that the possibility that she exaggerated the situation in her statement during that process could not be ruled out.

According to the legal community and the Ministry of Health and Welfare, among others, the number of child abuse cases continues to occur steadily each year.

Moreover, given that, as of 2020, more than 80% of child abuse perpetrators were parents, there are calls to strengthen the punishment of child abuse occurring within the home.

If you attempt to escape the charges simply by claiming it was discipline, the situation may worsen.

It can therefore be helpful to proceed together through consultation with an attorney from the early stages of the case.

If you need help in this regard, you may seek out the 🔗Jinju Legal Consultationof Daeryun Law Firm at any time.