Defense Against a Suspicion of Parental Child Abuse | A Suspicion of Emotional Abuse, No Suspicion of Crime by Establishing the Circumstances of the Case

The criminal defense lawyer submitted a defense counsel's written opinion, organizing the circumstances of the dispute between the couple on the day of the incident and the overall situation, and presented an opinion centered on the point that this matter was difficult to conclude as emotional abuse of the child.

The lawyer also explained that the words and conduct that occurred in the course of the marital quarrel and the part that directly affected the child should be viewed separately.

On this basis, the lawyer emphasized that this conflict had arisen in the course of a dispute between the couple, and that it was unreasonable to regard it directly as an act of abuse against the child.

Regarding the circumstances in which the child came to be left alone in the vehicle, the criminal defense lawyer organized the point that, from the outset, the client had not left the child, but that this was a situation that arose temporarily as matters unfolded.

The lawyer also explained that the client had responded immediately, informing the officer as soon as she became aware of the fact and promptly bringing the child in.

In addition, taking together the child's age, the location at the time, and the call records, the lawyer presented the position that, given that the time the child was alone in the vehicle was not long, it was difficult to find that there had been any intent to neglect.

Daeryun's criminal defense lawyer once again organized the situation at the time so that the child's crying at the substation would not be concluded as abuse by the parents.

It appeared that the child had cried not so much because of the scene of the marital quarrel, but out of surprise at the unfamiliar situation of suddenly entering the substation and facing several officers.

The lawyer also explained that, although at the time it had appeared as if the child said he wanted to be apart from the parents, in reality this was closer to meaning that, bewildered by the unfamiliar place and atmosphere, the child wanted to be alone for a moment.

On this basis, the criminal defense lawyer established that the child's crying could not be concluded as a result of parental child abuse and was closer to the bewilderment and anxiety felt in the unfamiliar substation situation.

As in this case, the fact that a marital quarrel was exposed to a child does not immediately mean that parental child abuse is recognized.

The Child Welfare Act regards mental violence or cruel treatment that may harm a child's health and welfare or hinder normal development as an emotional abuse act.

This includes the act of exposing a child to domestic violence.

If verbal abuse or violence is repeated in front of a child and the child directly witnesses the scene or is harmed in the course of trying to stop it, this may be judged as emotional child abuse.

Because parents must protect their children so that they can live in a safe environment, even a dispute between a couple may lead to a criminal case if its severity is high and it is enough to instill fear in the child.

Situations that may lead to a parental child abuse case are as follows.

• Where verbal abuse or profanity is repeated in front of a child
• Where objects are thrown or assault occurs in front of a child
• Where assault or a threat is directed at a child who was trying to stop a marital quarrel
• Where a person, while intoxicated, shouts at a child or instills fear
• Where situations of domestic violence are repeatedly exposed to a child
• Where a child shows reactions such as anxiety, fear, or sleep disturbance
  
  If the dispute between the couple is closer to a one-time occurrence, there was no profanity or threat directed at the child, and there are circumstances showing that the guardian looked after the child immediately, it is possible to contest whether child abuse is established.

If a suspicion of parental child abuse is recognized, criminal punishment and measures to protect the victimized child may be handled together.

An emotional abuse act is prohibited under Article 17, subparagraph 5, of the Child Welfare Act, and a violation thereof may be punishable by imprisonment for not more than five years or a fine not exceeding 50 million won under Article 71, paragraph 1, subparagraph 2, of the same Act.

In a child abuse case, along with the level of criminal punishment, one must also examine the measures to protect the victimized child and whether an attendance order or completion order applies.

From the early stage of the investigation, protective measures such as separation from the child, restriction of approach, and restriction of contact may be imposed, and if guilt is recognized, an attendance order or an order to complete a child abuse treatment program may even be imposed, so from before the first investigation one must respond by distinguishing whether the suspicion is established from the need for protective measures.