Busan Attorney Office Assistance | Defending a Client Who Violated the Missing Children Protection Act to a ‘Fine’

The client first came to know the victim through an acquaintance with whom the client was usually close.

One day, the victim requested help from the client, saying, ‘I have been severely abused by my family and can no longer live at home. Please find me a place to stay for just a few days.’

Feeling sorry for the victim's situation, the client allowed the victim to stay at the client's residence.

Although aware that the victim had run away from home, the client provided living expenses and, without justifiable grounds, protected a missing child.

Because no one may protect a missing child without justifiable grounds and without reporting to the police station, the client was placed at risk of receiving heavy punishment.

How did the Busan attorney office resolve the case?

■ Act on the Protection and Support of Missing Children, etc.

Article 7 (Prohibition of Protective Acts Without Reporting)

No person may, without justifiable grounds, protect a missing child, etc. without reporting to the head of a police agency.

Article 17 (Penalty Provisions)

A person who, in violation of Article 7, protects a missing child, etc. without justifiable grounds, and a person who, in violation of Article 9 (4),

uses personal location information, etc. for a purpose other than that of finding a missing child, etc., shall be punished by imprisonment for not more than five years or a fine of not more than 50 million won.

The Busan attorney office emphasized that the client had been entirely unaware that voluntarily protecting a runaway minor could constitute a crime,

and that the client had mistakenly believed that the client's conduct was, on the contrary, an act of goodwill toward the victim.

The office emphasized that the client had now realized that the client's conduct had been very foolish and, repenting and reflecting deeply day by day, had prepared a letter of reflection.

The Busan attorney office emphasized that the client had offered a sincere apology to the victim and the victim's parents and was making efforts to reach an amicable settlement.

However, because the victim was a minor and it was not easy to reach the victim's parents, the office emphasized that the client had deposited 5 million won with an official depository in the victim's name.

The Busan attorney office emphasized that the client had been supporting the client's family alone,

and that if they were to be detained, a serious problem would arise in the family's ability to maintain its livelihood.

At Daeryun, attorneys specializing in criminal law jointly handle criminal cases, allowing the firm to respond to criminal matters in a more specialized manner.

If you need the assistance of an attorney specializing in this area in a situation similar to the case above,

Daeryun operates a system that provides consultation and prompt response throughout the year, and you are welcome to contact us.