CONTENTS
- 1. The Reason for Visiting the Chuncheon Law Office
- 2. Chuncheon Law Office Argues That No Act of Abuse Occurred
- - Chuncheon Law Office Rebuttal 1: Argument That the CCTV Was Not Avoided
- - Chuncheon Law Office Rebuttal 2: Argument Based on the Assistant Teacher’s Statement
- 3. Result of Assistance from the Chuncheon Law Office: A No-Prosecution Decision of No Suspicion of Crime
1. The Reason for Visiting the Chuncheon Law Office
The client who requested the assistance of the Chuncheon law office wished to respond to an investigation concerning a suspicion of child abuse.
To clear the client of the unfounded allegation, the Chuncheon law office gathered evidence that could rebut the complainant's claims and devised a defense strategy.
The Chuncheon Law Office Explains Child Abuse
🔗Child abuse refers to conduct in which an adult, including a guardian, harms the health or welfare of a child or commits an act such as assault against the child.
Abandonment or neglect by a guardian also constitutes child abuse.
A person who inflicts physical or emotional abuse may be subject to imprisonment of up to five years or a fine of up to 50 million won.
In addition, when the offense is committed by a guardian who has a duty to protect the child, such as a parent, a teacher, or an instructor, the punishment is aggravated.
Although the amendment of the Child Welfare Act has strengthened the punishment imposed on those who commit prohibited acts, there are also cases in which innocent people suffer harm as a result.
2. Chuncheon Law Office Argues That No Act of Abuse Occurred
The client who came to the Chuncheon law office was a childcare teacher who was in a situation in which the client was being investigated by the prosecution after being reported for child abuse by the parent of a child in the class.
The Chuncheon law office set out to gather evidence to prove that the report of child abuse was false.
Chuncheon Law Office Rebuttal 1: Argument That the CCTV Was Not Avoided
The complainant claimed that, in the CCTV footage, the client sat with the client's back to the camera and assaulted the child while putting the child to sleep.
In that footage, because the client is seated with the client's back to the camera, the child cannot be seen clearly.
The Chuncheon law office argued that the focus should be on the client's movements.
In the footage, the client is moving back and forth and from side to side.
The Chuncheon law office emphasized that this conduct was that of a person trying to soothe and put to sleep a child who was fussing before sleep, and not the conduct of a person abusing a child.
Chuncheon Law Office Rebuttal 2: Argument Based on the Assistant Teacher’s Statement
On the day the incident occurred, the client and an assistant teacher were together in the class.
At the time of the assault alleged by the complainant, the client and the assistant teacher were also together.
In addition, the assistant teacher occasionally looked in the client's direction.
The Chuncheon law office argued that, as a matter of common experience, it would be impossible for the client to abuse the child in front of a fellow teacher.
The Chuncheon law office also submitted as evidence a written statement from the assistant teacher attesting that there had been no act of abuse by the client on the day of the incident.
3. Result of Assistance from the Chuncheon Law Office: A No-Prosecution Decision of No Suspicion of Crime
With the help of the Chuncheon law office, the client was able to clear the unfounded suspicion of child abuse.
The prosecution issued a decision of no prosecution, stating, “It is difficult to recognize the suspect's suspicion of child abuse, and there is otherwise no evidence to establish the alleged facts.”
The client said, “The situation was so unfair that I came to Daeryun to seek the help of a law office. Thanks to that help, I was able to clear my name.”
If a staff member of a kindergarten, a daycare center, or a similar institution becomes embroiled in a suspicion of child abuse, administrative measures such as restrictions on employment at child-related institutions or suspension from duties, as well as measures such as the suspension of facility operations, may be imposed, so it is advisable to respond with the help of a law office.
The Daeryun LLC Chuncheon law office accurately investigated the circumstances of the case and secured the testimony of the persons involved, thereby establishing that the suspicion of child abuse was unfounded.
If you have become embroiled in an unfounded suspicion of child abuse such as the one described above, you are welcome to visit the Daeryun LLC 🔗Chuncheon law office.
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.
