CONTENTS
- 1. Child Abuse Attorney | The Account of the Client Who Came to the Firm
- 2. Child Abuse Attorney, Assistance to Prove the Client's Innocence
- - Child Abuse Attorney, Challenging the Credibility of the Victim's Statement
- - Child Abuse Attorney, Submitting CCTV Evidence
- - Child Abuse Attorney, Arguing That It Was Educational Guidance Rather Than Emotional Abuse
- 3. Result of the Child Abuse Attorney's Assistance, a No-Prosecution Decision for No Suspicion of Crime
1. Child Abuse Attorney | The Account of the Client Who Came to the Firm
The client who requested help from the child abuse attorney was in a situation in which he was being investigated on a charge of abuse of a child with a disability.
The client had taught children diligently as a special education teacher, with a strong sense of vocation.
In the course of this, he was accused by the parent of a child with a disability of child abuse and violation of the Act on Welfare of Persons with Disabilities.
The client came to the Daeryun child abuse attorney in order to clear himself of the wrongful accusation.
What Is Child Abuse?
🔗Child abuse refers to an adult, including a guardian, harming a child's health or welfare or committing acts such as assault. A guardian's abandonment or neglect of a child is also included within child abuse.
Where a child dies as a result of child abuse, the offender is subject to life imprisonment or imprisonment with labor for not less than five years, and where the abuse creates a danger to the child's life, the offender is subject to imprisonment with labor for not less than three years.
Abuse of a child with a disability refers to the crime of committing emotional, physical, verbal, or sexual cruelty, exploitation, abandonment, or neglect against a person with a disability. A person who commits such a crime may be subject to imprisonment with labor for not more than five years or a fine not exceeding fifty million won under the Act on Welfare of Persons with Disabilities.
In the case of abuse of a child with a disability, both the Act on Welfare of Persons with Disabilities and the Act on Special Cases concerning the Punishment of Child Abuse Crimes may be applied together, and depending on the gravity of the offense, the offender may be subject to severe punishment.
2. Child Abuse Attorney, Assistance to Prove the Client's Innocence
The child abuse attorney closely examined the complainant's allegations and set about providing assistance to prove the client's innocence by gathering materials that could rebut those allegations.
Child Abuse Attorney, Challenging the Credibility of the Victim's Statement
The child abuse attorney first pointed out that the statements of the child said to be the victim were not consistent.
The child reversed his statements about the alleged assault several times, first stating, 'The teacher choked me,' and then stating, 'Actually, he hit my head,' and so on.
Through the statements of other teachers, the child abuse attorney argued that the child had an intellectual disability and was a student who frequently told small lies.
Child Abuse Attorney, Submitting CCTV Evidence
In order to argue that the client had not assaulted the child, the child abuse attorney submitted classroom CCTV footage as evidence.
Owing to its nature, the special education classroom where the client worked is equipped with CCTV.
The child abuse attorney obtained the CCTV footage and proved that no assault had occurred on the day of the incident alleged by the child.
Child Abuse Attorney, Arguing That It Was Educational Guidance Rather Than Emotional Abuse
The parent of the child alleged that the client had inflicted emotional abuse on the child through verbal abuse.
When the child told a lie during class, the client said, 'You must not lie. If you lie, I will not talk with you,' and even this was a statement made for educational purposes.
The Daeryun child abuse attorney emphasized, on the basis of Supreme Court precedent, that this was not a statement amounting to emotional abuse.
3. Result of the Child Abuse Attorney's Assistance, a No-Prosecution Decision for No Suspicion of Crime
With the help of the child abuse attorney, the client was able to conclude the case with a decision of no prosecution on the ground of no suspicion of crime.
Even for the same act of child abuse, more severe punishment is imposed when the victim is a child with a disability. In addition, depending on the harm, the matter may give rise not only to a sentence for abuse of a child with a disability but also to a claim for damages. Therefore, if you are in a situation involving a wrongful accusation, it is most prudent to receive the help of a child abuse attorney experienced in this field.
At the Daeryun Law Firm, child abuse attorneys with sufficient expertise regarding the particular features of child abuse provide defense services for clients.
If you are seeking the help of a child abuse attorney in a situation such as the one above, please visit the Daeryun Law Firm.
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.
