Practice Areas

Child Abuse

Child abuse refers to an adult, including a guardian, harming a child's health or welfare or inflicting assault and similar acts. Abandonment or neglect by a guardian is also included in child abuse.

1. Child Abuse | Concept

Daeryun Criminal Group practice areas, the concept of child abuse

Child abuse is a crime that is established by abusing a child under the age of 18.

Specifically, it refers to an adult, including a guardian, harming a child's health or welfare or committing violence or cruel acts that impede the child's normal development.

Child abuse offenses are most often committed by the guardian who is protecting the child.

Many people think that only physical abuse constitutes child abuse, and so they commit emotional abuse unwittingly and deny the charge, but child abuse encompasses all physical, psychological, and sexual violence or cruel acts.

2. Child Abuse | Types

Sentencing for child abuse by the Daeryun Criminal Group

Child abuse is broadly classified into the four types of physical abuse, emotional abuse, sexual abuse, and neglect, and the specific conduct and scope of each are as follows.

Physical Abuse

This refers to any act in which an adult, including a guardian, inflicts physical harm on a child or allows the child to suffer physical harm.

▷ Acts directly inflicted on the body, such as hitting with the hands or feet

▷ Acts of harming the body using an instrument

▷ Acts of threatening the body by using force

▷ Acts inflicted on the body with substances harmful to the body

Emotional Abuse

This refers to verbal insults, emotional threats, confinement or restraint, and other sadistic acts that an adult, including a guardian, commits against a child, and it is also called verbal, mental, or psychological abuse.

▷ Rejecting, hostile, or contemptuous verbal abuse, and similar acts

▷ The act of not allowing the child to sleep

▷ The act of stripping the child and driving the child out

▷ The act of ostracizing the child within the family

▷ The act of making the child witness domestic violence

▷ The act of threatening to abandon the child or packing the child's belongings and driving the child out

▷ The act of taking the child to establishments off-limits to minors

▷ Acts that harm emotional development, such as confinement, kidnapping and inducement, and exploitation of child labor

Sexual Abuse

This refers to any sexual act that an adult, including a guardian, commits against a child for the purpose of his own sexual gratification.

▷ The act of observing a child or exposing oneself sexually for one's own sexual gratification

▷ The act of sexual molestation

▷ The act of imitative sexual acts

▷ The act of sexual intercourse

▷ The act of causing a child to engage in prostitution or arranging prostitution

Neglect

This refers to a guardian placing a child in a dangerous environment or failing to provide the child with necessary food, clothing, and shelter, compulsory education, medical measures, and similar necessities.

▷ The act of not providing basic food, clothing, and shelter

▷ The act of leaving a child unattended in an unsanitary environment or a dangerous condition

▷ The act of not sending a child to school without a special reason or leaving unexcused absences unaddressed

▷ The act of not providing necessary medical treatment and intervention

3. Child Abuse | Level of Punishment

A person who has committed child abuse is punished under the Act on Special Cases concerning the Punishment of Child Abuse Crimes and the Child Welfare Act.

In addition, specific conduct such as assault, intimidation, and bodily injury may be subject to concurrent punishment under the applicable provisions of the Criminal Act.

If a person working at a child welfare facility commits child abuse, that person is subject to aggravated punishment, and the levels of punishment are as follows.

▶ Article 4 of the Act on Special Cases concerning the Punishment of Child Abuse Crimes (Killing of and Death Caused by Child Abuse)

Where a person who has committed a child abuse crime kills the child

Death penalty, life imprisonment, or imprisonment for not less than 7 years

▶ Article 5 of the Act on Special Cases concerning the Punishment of Child Abuse Crimes (Serious Bodily Injury by Child Abuse)

Where a person causes a danger to the child's life

or causes a disability or an incurable illness

Imprisonment for not less than 3 years

▶ Article 7 of the Act on Special Cases concerning the Punishment of Child Abuse Crimes (Aggravated Punishment of Employees of Child Welfare Facilities, etc.)

Where a person obligated to report child abuse commits child abuse

Up to one half of the statutory penalty for that crime is added

▶ Article 71 (1) 1 and Article 73 of the Child Welfare Act

The act of trafficking a child

Imprisonment for not more than 10 years

▶ Article 71 (1) 1-2 of the Child Welfare Act

The act of causing a child to commit an obscene act or arranging such an act,

or sexual abuse such as sexual harassment against a child

Imprisonment for not more than 10 years or a fine not exceeding 100 million won

▶ Article 71 (1) 2 of the Child Welfare Act

A physical abuse act that damages a child's body or harms the child's physical health and development

A neglect act of abandoning a child under one's protection and supervision or being negligent in basic protection, care, treatment, and education, including food, clothing, and shelter

Imprisonment for not more than 5 years or a fine not exceeding 50 million won

Attendance Order and Completion Order Dispositions

Where a person receives a guilty verdict for a child abuse crime (except for a suspension of sentencing), the court may also order, within a maximum range of 200 hours, attendance at an educational program to prevent recidivism or completion of a child abuse treatment program.

* What is an attendance order? It is a system under which an offender who has a high risk of recidivism due to mental or psychological factors or mistaken perceptions and behavioral habits is required to complete an educational or treatment course, in order to improve the offender's disposition and prevent recidivism.

* What is a completion order? It is a system under which a person found guilty of a child abuse crime is ordered to complete a child abuse-related treatment program for a certain period at a probation office or at a specialized institution designated by it.

An attendance order or a completion order can be imposed concurrently regardless of whether an actual sentence or a suspended sentence is imposed.

In addition, the court may, while suspending the execution of the sentence, impose probation or a community service order, among others, together with the attendance order.

Where the court suspends the execution of the sentence for a child abuse offender, it may impose, in addition to the attendance order, one or more dispositions of probation or community service within the period of the suspended sentence.

Pronouncement of Loss of Parental Authority

If a person has committed a child abuse crime, then, in addition to the resulting criminal punishment, loss of parental authority or restriction on the exercise of parental authority may occur.

In practice, where a guardian who should be responsible for protecting and caring for the child has committed abuse, the court may pronounce loss of parental authority, as maintaining parental authority is judged to be contrary to the child's welfare.

In addition, where the head of a child welfare facility or the head of a school judges that a child abuse act falls under grounds for loss of parental authority, that head may request the Mayor/Do Governor, the head of a Si/Gun/Gu, or a prosecutor to file for a restriction on parental authority or a pronouncement of loss of parental authority.

Employment Restriction

A person whose sentence or custodial treatment for a child abuse crime has become final may not, for a certain period, be employed by or operate a child-related institution. (Article 29-3 (1) of the Child Welfare Act)

Where the execution of that sentence or custodial treatment has been completed or is deemed to have been completed, or where it has been finally determined that the execution will not take place, operating a child-related institution, being employed there, or providing de facto labor there is restricted for 10 years from that point.

Sentencing Criteria

Unlawful Arrest and Confinement (General Criteria)

▷ Where the offense was committed with willful negligence

▷ Where the degree of the arrest or confinement was minor

▷ Where there are circumstances particularly worthy of consideration regarding participation in the offense

▷ A motive for the offense worthy of consideration

▷ Where the offender voluntarily released the victim at a safe location

▷ Mental and physical weakness

▷ Voluntary surrender or whistleblowing

▷ No wish for punishment or recovery of the harm (including deposit in court)

▷ Passive participation

▷ Sincere reflection

▷ No prior criminal punishment

Abandonment and Abuse (General Criteria)

▷ Where the offense was committed with willful negligence

▷ Where the degree of the abandonment or abuse was minor

▷ Where there are circumstances particularly worthy of consideration regarding participation in the offense

▷ A motive for the offense worthy of consideration

▷ Mental and physical weakness

▷ Voluntary surrender or whistleblowing

▷ No wish for punishment or recovery of the harm (including deposit in court)

▷ Passive participation

▷ Sincere reflection

▷ No prior criminal punishment

4. Child Abuse | If You Are the Accused?

When a person is suspected of child abuse, a process of clearly ascertaining the circumstances of the case and systematically organizing one's position is necessary.

Preparing the Initial Statement

When a child abuse charge is raised, the first statement is very important.

Before making a statement, one should know and exercise the right to remain silent, and be aware that one can request the assistance of counsel.

Recognition of Abuse and Explanation of the Situation

You should accurately determine for yourself whether the conduct at issue constitutes child abuse, and you should prepare to explain the circumstances at the time of the incident objectively.

In particular, if there was no intent to abuse or if there was a misunderstanding, it is necessary to make that point clear.

Preservation and Management of Evidence

You should preserve all materials related to the incident, such as relevant conversation records, text messages, photographs, and videos, without deleting them.

Unnecessary deletion or concealment can operate as unfavorable evidence.

Securing Objective Materials

Securing objective materials that are important for determining whether child abuse occurred is necessary.

You should gather surrounding statements, CCTV footage, digital records, and similar materials that can support the situation, and use them to clarify your position.

5. Child Abuse | Are You an Affected Family?

If you become aware of a child abuse crime or suspect that abuse is occurring, you can immediately report it to the competent local government (city, county, district, or similar) or to an investigative agency.

Where the harm is clear, a criminal complaint against the person who committed the child abuse is also possible.

Gathering Evidence

When preparing a criminal complaint, securing as much evidence as possible to prove the harm is very important.

You should organize materials such as the following systematically, along with their dates.

▷ Photographs and videos of the affected child's injuries

▷ Hospital diagnostic certificates and medical records

▷ Counseling records and materials submitted to a counseling center

▷ Text messages, images, SNS posts, and the like showing the circumstances of the abuse

Proceeding with the Complaint

To proceed with a child abuse complaint, you must first confirm whether you have the authority to file the complaint.

A complaint can be filed by the affected child, the child's legal representative, or a relative of the affected child.

Next, you should gather as much related evidence as possible, such as photographs, videos, diagnostic certificates, counseling records, and call recordings that can prove the harm, and organize them along with their dates.

When drafting the complaint, you should include the following matters.

▷ The date, time, and place of the incident

▷ The specific content of the abuse and the facts of the harm

▷ The personal details of the perpetrator

▷ The condition of the affected child

▷ A list of the evidence secured

The completed complaint can be submitted by visiting the civil affairs office of the competent police station or prosecutors' office in person, or it can be sent by mail.

Follow-up Management

There are systems that provide counseling, education, and medical and psychological treatment support for affected children and their families.

After return to the home, a dedicated public official and a private expert visit to provide continuous guidance and management.

6. Child Abuse | If You Find It Difficult to Respond Alone?

Daeryun child abuse practice area content

This firm has many attorneys with an average of 10 or more years of experience, and depending on the scale and type of the case, it forms a task force of 1 to 20 members to analyze child abuse cases in detail and to establish a tailored strategy.

In addition, through its own evidence investigation and cooperation with a digital forensics center, the firm systematically gathers various forms of evidence, such as mobile phone data, CCTV footage, and call records, thereby securing objective materials, and it works to establish the truth of the case and to prepare an effective defense strategy.

If you are experiencing difficulty in responding to a child abuse case, you may request assistance from a criminal defense attorney.

If You Are a Suspect

▷ Preparation of specific legal response measures tailored to the severity and circumstances of the abusive conduct

▷ Provision of a strategy for preparing statements based on the facts and for refraining from unnecessary statements during questioning

▷ Gathering and organization of rebuttal materials in contrast with the statements and evidence of the child's guardian

▷ Establishment of a psychological and legal response plan according to the characteristics of the child abuse case

If You Are a Victim

▷ Support for emergency temporary measures and applications for a restraining order to secure the child's safety

▷ Support for the systematic gathering of evidence that may be recognized as evidence of abuse, such as photographs of injuries, hospital records, and counseling content

▷ Comprehensive legal support, including procedures for a criminal complaint against the perpetrator and for claims for civil compensation

▷ Guidance on counseling and protective measures for the psychological recovery of the affected child and the family

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