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I have become involved in a kindergarten child abuse case. I am curious about how to respond.
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Hello. I am a teacher working at a kindergarten in a provincial area. A child in my class was running and playing, bumped into the corner of a desk, and got a bruise.. Of course, it is true that it was wrong of me to look away. However, the child's mother reported me, claiming that I had abused the child.. I really feel this is unfair.. I am curious about how to respond when involved in a kindergarten child abuse case.
kindergarten child abuse
Answer to Related Inquiry
Author: 박동일
When you have been reported for kindergarten child abuse, you can increase the likelihood of proving that there is no charge by responding with a focus on objective materials and legal principles rather than emotionally appealing that the accusation is unfair.
If it is judged to be abuse under the Child Welfare Act, it can lead not only to criminal punishment but also to an employment restriction of up to 10 years.
Therefore, from the early stage of the investigation, you should establish a response strategy aimed at proving the entire context.
First, it is essential to secure the entire CCTV footage that contains not only the scene in question but also the situation before and after it.
You must be able to comprehensively show how the child bumped into the desk while running on their own, the classroom situation at the time, and the teacher's supervisory condition, so that you can persuasively explain that there was no ‘intent to abuse.’
In addition, particular caution is needed during the process of giving statements.
If you become intimidated by the questions of the investigative agency and use ambiguous expressions, such statements may be interpreted unfavorably, so caution is needed.
You should distinguish between the facts and the legal judgment, clearly explaining how the accident occurred while responding carefully to any assessment that it constitutes ‘abuse.’
Ultimately, the key in a kindergarten child abuse case is to distinguish between an ‘accident’ and ‘abuse.’
Rather than an emotional explanation, you should prepare in a direction that proves, through objective materials and consistent statements, that the conduct fell within the scope of legitimate life guidance recognized by the court.
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SungJoon PARK
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Chief Judge, Daegu District Court, Eastern Branch Judge, Busan District Court
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Assisting a Client Facing the Risk of Punishment for Emotional Child Abuse, Resulting in a “Protective Disposition”

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Client Charged With Child Abuse Successfully Defended With a Non-Disposition

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