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Violation of the Act on Special Cases concerning the Punishment of Child Abuse Crimes (aggravated punishment of child abuse by child welfare facility workers, etc.)
Violation of the Act on Special Cases concerning the Punishment of Child Abuse Crimes (aggravated punishment of child abuse by child welfare facility workers, etc.)Acquittal

Child Abuse Attorney | "Acquittal" for a Child Welfare Facility Worker Charged with Child Abuse

The child abuse attorney closely reviewed the elements for the establishment of the child abuse charge and the credibility of the evidence, thereby defending a child welfare facility worker against the risk of wrongful criminal punishment and loss of occupation.

1. The Details of the Case Handled by the Child Abuse Attorney

The client who requested the assistance of the child abuse attorney had been performing duties of guiding and managing children at a child welfare facility.

The client had guided children without issue for many years, but one day, prompted by the statements of the victim child and the guardian in this case, the client came to be charged with emotional child abuse through a criminal complaint.

The matter at issue was the language the client used in the course of providing guidance to a child regarding the child's study and conduct of daily life.

According to the contents of the report, the client had continuously said to the child things such as, "You have no head for studying," and, "If you cannot study well, at least do not be late."

The investigative agency regarded the client's language as an act of emotional abuse that could harm the child's mental health and development and proceeded to indictment.

In particular, the client was classified as a person obligated to report child abuse crimes and in a position of protecting and guiding children, and thus came to be placed in a very serious situation in which even the possibility of aggravated punishment heavier than for an ordinary person became an issue.

It was a situation in which, if the client were found guilty, there was a risk not only of criminal punishment but also of being permanently unable to work in the related occupation.

Accordingly, judging that a systematic response to the criminal case as a whole was needed from the early investigation stage, the client requested assistance from a child abuse attorney of Daeryun Law Firm.

The Details of the Case Handled by the Child Abuse Attorney

2. The Child Abuse Attorney's Matters of Assistance

The child abuse attorney of Daeryun Law Firm established a strategy of re-examining the entire structure of the elements for the establishment of child abuse and the evidence.

First, the attorney intensively disputed whether the language at issue actually reached the level of harming the child's mental health or normal development.

The child abuse attorney emphasized that for emotional abuse to be recognized in a child abuse crime, it must reach a level that has a serious adverse effect on the child's mental stability or development.

In addition, the child abuse attorney organized as a matter of legal principle that the following matters must be comprehensively reviewed in order to determine whether the child abuse charge is established.

  • The specific situation and context in which the statement was made
  • The purpose and circumstances of the guidance and discipline
  • Whether there was repetition or continuity
  • The child's reaction at the time and the change in the child's condition afterward

Furthermore, the attorney closely analyzed whether the statements of the child and those around the child submitted during the investigation were consistent and credible, and refuted point by point that many of the statements were mere hearsay or lacked specificity and were not supported by objective materials.

Above all, the child abuse attorney emphasized that the client's conduct was not for the purpose of demeaning or intimidating the child but constituted statements made in the course of education and guidance, and that it was an act within the bounds of accepted social norms and education.

Through this strategy, the child abuse attorney persuasively argued that, based on the evidence submitted by the prosecutor alone, it was difficult to find that the child abuse crime had been proven to the extent of excluding reasonable doubt.

Result of the Case

As a result, the court determined that it was difficult to conclude that the client's conduct constituted a child abuse crime and that, based on the evidence submitted alone, the criminal facts could not be regarded as sufficiently proven.

Accordingly, the client was found not guilty and was able to escape the risk of aggravated punishment for child abuse and of criminal punishment.

This can be said to be a case that well illustrates how important the child abuse attorney's early response, evidence analysis, and defense based on legal principles are in a child abuse case.

3. The Concept of Child Abuse and Its Main Points as Explained by the Child Abuse Attorney

Child abuse refers, under the "Act on Special Cases concerning the Punishment of Child Abuse Crimes" and the "Child Welfare Act," to an act that harms or is likely to harm a child's physical, mental, emotional, or health condition, or normal development.

Child abuse is broadly divided into the acts below, and among them, emotional abuse is the type that is interpreted most broadly and that gives rise to disputes most frequently.

  • Physical abuse
  • Emotional abuse
  • Neglect
  • Sexual abuse

In particular, whether language used in the course of education, discipline, or guidance constitutes child abuse is determined by comprehensively assessing the purpose of the act, its severity, its repetition, and its effect on the child.

Level of Punishment by Type of Child Abuse Act

Where a child welfare facility worker or a person obligated to report abuses a child under their protection, the punishment may be aggravated by up to one half of the punishment prescribed for that crime under the Act on Special Cases concerning the Punishment of Child Abuse Crimes.

Type of Act

Ordinary Person

Child Welfare Facility Worker

Physical abuse (assault)

Imprisonment for not more than two years

or a fine not exceeding five million won

Imprisonment for not more than three years

or a fine not exceeding 7.5 million won

Physical abuse (bodily injury)

Imprisonment for not more than seven years

or a fine not exceeding ten million won

Imprisonment for not more than ten years and six months

or a fine not exceeding 15 million won

Emotional abuse and neglect

Imprisonment for not more than five years

or a fine not exceeding 50 million won

Imprisonment for not more than seven years and six months

or a fine not exceeding 75 million won

Causing bodily injury to a child

Imprisonment for not less than three years

Imprisonment for not less than four years and six months

Causing the death of a child

Life imprisonment or

imprisonment for not less than five years

Life imprisonment or

imprisonment for not less than seven years and six months

Murder of a child

Death penalty, life imprisonment, or

imprisonment for not less than seven years

Death penalty, life imprisonment, or

imprisonment for not less than ten years and six months

Trafficking of a child

Imprisonment for not more than ten years

Imprisonment for not more than fifteen years

Sexual abuse of a child

Imprisonment for not more than ten years

or a fine not exceeding 100 million won

Imprisonment for not more than fifteen years

or a fine not exceeding 150 million won

If a child welfare facility worker, teacher, childcare staff member, social worker, or the like is found guilty of a child abuse charge, the consequences do not stop at an increased sentence; due to revocation of qualifications and restrictions on employment, the person may in effect become permanently unable to work in the related occupation.

How to Respond to a Child Abuse Charge

If you are charged with child abuse, the following responses are necessary.

  • A consultation with an attorney before the initial statement is essential
    An emotional explanation or a careless statement may serve as unfavorable evidence.
  • Organizing the context and purpose of the act
    You must secure materials that objectively explain that the purpose was discipline and guidance.
  • Reviewing the credibility of the evidence
    You must thoroughly review the consistency of the statements of the child and the guardian, whether they are hearsay, and their specificity.
  • Preemptive response regarding aggravated punishment
    Where the status of a person obligated to report or a worker is at issue, a dispute based on legal principles is essential.
  • Simultaneous response to criminal and administrative risks
    A strategy is needed that takes into account not only criminal punishment but also suspension from duties and restriction of qualifications.

4. One-Stop Assistance from a Child Abuse Attorney

One-stop assistance from a child abuse attorney

Daeryun Law Firm assists clients in child abuse cases through a one-stop response system in which a child abuse attorney, a criminal law specialist attorney, the Evidence Investigation Center, and the Digital Forensics Center work together.

  • Preliminary review of whether child abuse is established
  • Development of a statement strategy and response to the investigation
  • Analysis of evidence and securing of rebuttal materials
  • Response to the criminal trial and proof of innocence
  • Linked response to administrative dispositions and occupational restrictions

In child abuse charges, the outcome is determined by ‘interpretation’ rather than by the facts alone.


If you have been wrongfully accused of child abuse, we recommend that you respond promptly and systematically with the assistance of a child abuse attorney.

If you need assistance, we recommend that you receive a consultation through the Daeryun Law Firm 🔗Legal Consultation Reservation.

아동학대변호사 | 아동복지시설 종사자의 아동학대 혐의 ‘무죄 판결’

This content is based on actual cases handled by Daeryun Law LLC and has been partially adapted. All copyrights belong to Daeryun Law LLC.
Unauthorized reproduction, copying or distribution may result in legal action under applicable laws.

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