Child Protection Trial Procedure (for Abused Children and Reporters)

Which step are you at?

Select your current step and the content for that step will appear below.

1. 1Report
2. 2On-site response and emergency measures
3. 3Requesting temporary measures / Petitioning for an abused child protection order
4. 4Cooperating with the abused child's interview
5. 5Notice of the referral decision
6. 6Stating opinions at the hearing / Protective disposition
7. 7Monitoring execution / Reporting non-compliance

• Basic step
• Additional action / option
• Rejection / objection
• End of procedure

Time required

Varies by case (protective dispositions up to 1 year, abused child protection orders up to 1 year)

Cost

The fee of the abused child's court-appointed attorney is paid according to standards set by the Minister of Justice, and there is no rule that the victim bears it. Check the cost of requesting temporary measures or petitioning for a protection order with the receiving agency or court (the cost of a lawyer you hire yourself is separate)

Procedure guide

Read from start to finish in order. Red text marks deadlines set by law.

1. 1

   First, report to 112 (police) or the Si/Gun/Gu office (child abuse officer) (Child Abuse Punishment Act §10(1)). People with a duty to report, such as teachers and medical personnel (mandatory reporters), must report even if abuse is only suspected (Child Abuse Punishment Act §10). Who made the report is kept confidential, and it is prohibited to disadvantage anyone for having made a report. Along with the report, collect photos of bruises and wounds, a medical certificate and notes of what the child said.

2. 2

   Once a report is made, the police and a child abuse officer go out together and investigate the scene. If abuse is ongoing or likely to happen again, they separate the abuser (perpetrator) and take the child to a shelter, medical institution or relative (§12). This emergency separation cannot exceed 72 hours (if a Saturday or public holiday falls within it, it can be extended within 48 hours). If the prosecutor requests temporary measures from the court within that time, the emergency measures continue until the court decides (§12(3)(4), §15(2)).

3. 3

   The child's side asks the police for emergency temporary measures (§13) and asks a prosecutor of the Public Prosecution Office (formerly the Prosecutors' Office) to request temporary measures from the court (§19). Temporary measures include removal or isolation of the abuser, a no-approach order within 100m, a no-contact order, and restriction or suspension of the authority of a person with parental authority or a guardian. The period is 2 months and can be extended if needed. Separately from the investigation, the abused child, the legal representative, a lawyer, the prosecutor, the Mayor/Do Governor, or the head of a Si/Gun/Gu can petition the family court for an abused child protection order (§47(1)). The head of a child protection agency can ask the head of the local government to petition (§47(2)). A protection order lasts up to 1 year and can be extended in 6-month units (§51(1)). If the child has no lawyer, apply for the appointment of a court-appointed attorney.

4. 4

   The child's interview is video-recorded. A person of trust (an adult the child trusts and relies on) and the abused child's lawyer can be present (Child Abuse Punishment Act §17(1)). The recorded statement can be used as evidence in court in cases such as where the abuser's side had a chance to question the child (applying mutatis mutandis Sexual Violence Punishment Act §30-2), so the child may have to testify in court. The guardian and the reporter state what they witnessed and submit evidence.

   Current step
5. 5

   When the police investigation ends, a prosecutor of the Public Prosecution Office decides where to send the case, considering the nature and motive of the case, the abuser's character and conduct, the relationship with the abused child, the child's wishes and so on (items of §26). If the prosecutor finds a protective disposition appropriate, the prosecutor refers (sends) the case to the family court as a child protection case instead of indicting it (§27(1)); if not, the prosecutor indicts the case for an ordinary criminal trial. You can receive the outcome by applying for notification (Criminal Procedure Act §259-2). In the latter case, the abused child's side can state opinions at the trial and apply for a compensation order (an application to have compensation for the harm ordered as well).

6. 6

   After a family court investigator looks into the family environment and the risk of further abuse, the judge holds the hearing in private if necessary. If the child's side applies, the court examines the child as a witness and gives a chance to state an opinion (§44, applying mutatis mutandis Domestic Violence Punishment Act §33), and the child's lawyer states an opinion on the protective measures wanted. The judge decides among protective dispositions from No. 1 no-approach order to No. 8 entrustment for counseling (§36); the period is up to 1 year, and even if changed, the total cannot exceed 2 years (§37, §40(3)). If a decision imposing no disposition (no disposition) is grossly unjust, the child's lawyer or legal representative can appeal within 7 days from the day of notification (§45(2)(3)). If you think the disposition is too light, convey your opinion to the prosecutor, who can appeal a protective disposition (§45(1)).

7. 7

   Once a decision is made, a probation officer or an agency entrusted with the disposition carries it out (§36(5)). If the abuser violates a no-approach order or similar, call 112 right away and also inform the court and the probation office. Violating a disposition such as a no-approach order, or a protection order, is in itself punishable by imprisonment of up to 2 years, etc. (§59), and failing to comply with dispositions such as counseling or community service leads to the protective disposition being revoked and the case being referred to the prosecutor (§41). If a parent is the abuser, you can petition through an abused child protection order for restriction or suspension of the exercise of parental authority or for foster care with a person connected to the child or others (§47(1)), and during the restriction or suspension of parental authority, the court appoints a person to act temporarily as guardian (§47(5)). If the abuse is serious, the prosecutor, the head of the local government and others can separately petition for loss of parental authority, etc. under the Civil Act.

Frequently asked questions

Practical questions that come up right away in this procedure.

QIf I report, will the abuser find out who reported?

No. The reporter's personal details are kept confidential, and it is prohibited to disadvantage anyone for having made a report.Persons with a duty to report, such as teachers and medical personnel, are protected in the same way. Anyone who learns of or suspects a child abuse crime may report it.

QIf the parent is the abuser, where does the child stay?

First, as an emergency measure, the child is separated from the abuser and taken to a shelter, medical institution or relative. This separation cannot exceed 72 hours. If the prosecutor requests temporary measures within that time, it continues until the court decides.After that, temporary measures can remove the abuser from the home. Through an abused child protection order, the child can also be entrusted for protection to a child welfare facility, or placed in foster care with a person connected to the child or others.

QWho petitions for an abused child protection order, and does it cost anything?

Check with the court you will file with whether there is any court fee. The abused child, the legal representative, a lawyer, the prosecutor, the Mayor/Do Governor, or the head of a Si/Gun/Gu can petition the family court.The head of a child protection agency can ask the Mayor/Do Governor or the head of a Si/Gun/Gu to petition. Separately from the investigation, you can petition for a no-approach order, restriction on the exercise of parental authority and so on.

QHow does the child give a statement? Will the child be questioned many times?

The child's interview is video-recorded. A person of trust and the abused child's lawyer can be present. The recorded statement can be used as evidence only in cases such as where the abuser's side had a chance to question the child.So testimony in court may be necessary. In court, video link or screening (a partition) can be used so that the child does not face the abuser.

QHow do I apply for a court-appointed attorney for the abused child?

If you apply orally or in writing to the investigator or prosecutor in charge, the prosecutor appoints one. The fee is paid according to standards set by the Minister of Justice, and there is no rule that the victim bears it. If the child has no lawyer, the prosecutor must appoint a court-appointed attorney even without an application.The court-appointed attorney attends the interviews and states opinions at the hearing. The attorney also files appeals and protection order petitions on the child's behalf.

QHow do I challenge the decision?

If a decision of no disposition (a decision to impose no disposition at all) is grossly unjust, you can appeal. The child's lawyer or legal representative submits a petition of appeal to the family court within 7 days from the day of notification of the decision. Appeals on the ground that the disposition is too light can be filed by the prosecutor or the abuser's side.So in that case, convey your opinion on an appeal to the prosecutor. In either case, you can petition for an abused child protection order separately from any appeal.