Deals & Cases

Violation of the Child Welfare Act
Violation of the Child Welfare ActNon-prosecution

[Gunsan Child Abuse Attorney Assistance] Client Receives a Non-Prosecution Disposition with the Help of a Gunsan Child Abuse Attorney

The client who came to the Gunsan child abuse attorney visited Daeryun Law Firm to respond after being charged in a complaint alleging child abuse.

1. How the Client Came to the Gunsan Child Abuse Attorney

The client who came to the Gunsan child abuse attorney was a childcare teacher at a daycare center who visited Daeryun Law Firm after being charged in a complaint for child abuse filed by a parent.

Client Who Sought Assistance from a Gunsan Child Abuse Attorney

The client who sought assistance from a Gunsan child abuse attorney was working as a daycare teacher.

The client came to Daeryun Law Firm after a criminal complaint was filed by a parent.

On the day in question, before the affected child took a nap, the child went to a place where the other children were playing freely and disrupted and bothered them, so the client had the child sit beside her and provided guidance.

Even then, the child kept moving around chasing a ball, so the client gently pushed the child's shoulder and sent the child into a classroom where only the teacher was present.

The parent who witnessed this filed a criminal complaint, claiming that the client had the child sit and not play and then pushed the child into an empty classroom.

The client, asserting that the accusation was unjust, came to a Gunsan child abuse attorney and requested assistance.

Laws Relevant to the Case as Explained by a Gunsan Child Abuse Attorney

  • Child Abuse Crime

Punishment for Child Abuse under the Child Welfare Act (Article 71)

Act

Punishment

Trafficking in a childImprisonment for up to 10 years
Compelling, mediating, or committing sexual harassment of a childImprisonment for up to 10 years or a fine of up to 100 million won
Physical or mental abuse, abandonment or neglect of a child, public display of a disabled child, forced beggingImprisonment for up to 5 years or a fine of up to 50 million won
Having a child perform harmful acrobatics for entertainment purposes or handing a child over to a third party for that purposeImprisonment for up to 1 year or a fine of up to 10 million won

  • Punishment for Child Abuse under the Child Welfare Act

Act on Special Cases concerning the Punishment of Child Abuse Crimes, Article 4 (Murder or Death Caused by Child Abuse)

(1) Where a person who has committed a child abuse crime under items (a) through (c) of subparagraph 4 of Article 2 murders a child, the person shall be punished by death, life imprisonment, or imprisonment for at least 7 years.

(2) Where a person who has committed a child abuse crime under items (a) through (c) of subparagraph 4 of Article 2 causes the death of a child, the person shall be punished by life imprisonment or imprisonment for at least 5 years.

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

Where a person who has committed a child abuse crime under items (a) through (c) of subparagraph 4 of Article 2 endangers the life of a child or causes the child to suffer disability or an incurable disease, the person shall be punished by imprisonment for at least 3 years.

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

Where a person obligated to report child abuse under each item of Article 10 (2) commits a child abuse crime against a child under that person's protection, the statutory punishment for that crime shall be aggravated by up to one-half.

2. Assistance Provided by the Gunsan Child Abuse Attorney

The Gunsan child abuse attorney developed a strategy to address the client's grievance. The attorney emphasized that the client, as a daycare teacher, had been providing guidance and that the conduct was not an act of child abuse.

Gunsan Child Abuse Attorney Argues That the Conduct Was Guidance, Not Abuse

The Gunsan child abuse attorney argued that the suspect's conduct could not be regarded as child abuse and should be viewed as a method of providing guidance.

Gunsan Child Abuse Attorney Argues That the Conduct Did Not Amount to Violence or Cruel Treatment

The Gunsan child abuse attorney argued that, even if the suspect's method of providing guidance was somewhat harsh or inappropriate, it did not reach the level of violence or cruel treatment.

Gunsan Child Abuse Attorney Argues That the Suspect Has No Criminal Record

The Gunsan child abuse attorney argued that, prior to this case, the suspect had no criminal record whatsoever and had worked diligently as a daycare teacher.

3. Result of the Gunsan Child Abuse Attorney's Assistance: 'Non-prosecution'

The prosecution accepted the Gunsan child abuse attorney's arguments and issued a non-prosecution disposition for the client. With the assistance of the Gunsan child abuse attorney, the client received a non-prosecution disposition and was able to conclude the matter.

The Gunsan Child Abuse Attorney's Case Notebook

In this case, the client, a daycare teacher, faced a criminal complaint on suspicion of child abuse, but with the assistance of the Gunsan child abuse attorney, the defense against punishment was successful.

If a person commits emotional and physical abuse against a child and thereby injures the child's body or harms the child's health and development, the person may receive a heavy custodial sentence.

If you face the risk of punishment on a charge of child abuse, it may help to obtain the assistance of an experienced attorney.

At Daeryun Law Firm, experienced attorneys assist clients with their cases from the initial response through to resolution.

If you need a defense against punishment in a situation similar to the case above, you may entrust your case to the Gunsan child abuse attorney at Daeryun Law Firm at any time.

[군산아동학대변호사 조력] 군산아동학대변호사 도움으로 불기소 처분받은 의뢰인

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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