Deals & Cases

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

Tongyeong Law Office Assistance Case | A Client Charged With Violation of the Child Welfare Act, Non-Prosecution

The client who came to the Tongyeong law office had been booked on a charge of violating the Child Welfare Act, and came to the Tongyeong branch office to request help, seeking a thorough legal consultation with a specialized attorney.

1. The Client Who Came to the Tongyeong Law Office

Daeryun Tongyeong law office criminal case assistance case study

The client who sought out the Tongyeong law office was booked on suspicion of child abandonment and neglect, and came to the Tongyeong branch office in order to conduct a legal consultation with a specialist attorney and succeed in defending against punishment.

The Client Booked on a Charge of Violation of the Child Welfare Act

The circumstances of the client who came to the Tongyeong law office to request help are as follows.

After breaking up with her boyfriend, the client learned that she was pregnant and, several months later, gave birth to a child.

However, at the time, the client did not have the financial means to raise the child, so she decided on adoption.

The client decided to have the child adopted by a couple she had come to know through the internet, and soon handed over the child.

Some time later, the client became greatly anxious upon learning that an investigation had begun on a charge of violating the Child Welfare Act.

The reason was that the client had handed over the child without filing a birth report and without going through the proper procedures, which had become a problem.

The client came to the Tongyeong law office to handle the case together with an attorney experienced in numerous 🔗violation of the Child Welfare Act cases.

2. Violation of the Child Welfare Act Explained by the Tongyeong Law Office

The client, who was booked on charges of violating the Child Welfare Act (abandonment and neglect), came to the Tongyeong law office seeking to successfully defend against punishment.

Let us take a closer look at what the Child Welfare Act is and what the sentencing range is when this Act is violated.

The Sentencing Range for Violation of the Child Welfare Act

The Child Welfare Act refers to a law whose purpose is to guarantee the welfare of children so that they may be born healthy and grow up happily and safely.

The client became implicated in charges of child abandonment and neglect by handing over a child without filing a birth registration and without going through the formal procedures.

If this crime is established, the person may be punished under the following provisions, so caution is advisable.

Articles 17 and 71 of the Child Welfare Act

Act

Penalty

Abandoning a child under one's protection or supervision, or an act of neglect in which basic

protection, care, treatment, and education, including food, clothing, and shelter, are neglected

Imprisonment for not more than 5 years or a fine not exceeding 50 million won

In this way, violation of the Child Welfare Act is a serious crime that threatens the life and safety of children, and the courts punish it severely in order to protect children's rights.

In order to carry out the legal procedures for this charge promptly and accurately, it can be advantageous to receive the assistance of a specialist attorney with professional legal knowledge and experience.

3. The Tongyeong Law Office's Case Response Strategy

Daeryun Tongyeong law office defense against punishment case for violation of the Child Welfare Act

The Tongyeong law office accurately analyzed the facts of the case and established a systematic response strategy.

In order to successfully defend against punishment, it argued the following.

Tongyeong Attorney's Assistance 1: Arguing That It Did Not Constitute Abandonment

The client selected and contacted the person who seemed most earnest among those wishing to receive the child and whose identity was certain.

The client met them several times and confirmed whether they were good people to whom the child could be entrusted with confidence.

The client handed over the child trusting that the couple would protect and raise the child well going forward.

Accordingly, it was emphasized that the client could not be regarded as having committed an act of abandonment by failing to protect and casting away the child.

Tongyeong Attorney's Assistance 2: Arguing That It Did Not Constitute Neglect

An act of neglect toward a child is carried out by omission, and it refers to failing to take measures while knowing that the child needs protection, upbringing, treatment, and education.

However, the client engaged in protective conduct, such as having the child vaccinated after giving birth.

Therefore, we emphasized that there was no evidence to prove the client's act of neglect.

4. Result of the Tongyeong Law Office's Assistance: Non-Prosecution

Accepting the arguments of the Tongyeong law office, the prosecution ultimately issued a non-prosecution decision.

The client, who concluded the case promptly through the systematic assistance of the Tongyeong law office, expressed deep gratitude.

If You Are Involved in a Charge of Violation of the Child Welfare Act

The case above was one in which the client, who was involved in a charge of violation of the Child Welfare Act, obtained a non-prosecution decision through the assistance of a Tongyeong attorney.

At Daeryun, criminal attorneys with rich practical experience and expertise provide legal services tailored to each client, guiding cases favorably.

In addition, by collaborating with experts in various fields, we secure lawful and highly reliable 🔗civil litigation/criminal litigation evidence based on state-of-the-art equipment and technical capabilities, assisting our clients.

If you need the assistance of a specialist attorney in a situation similar to the case above, please entrust your case through a 🔗legal consultation reservation.

통영법률사무소 조력 사례 | 아동복지법위반 의뢰인, 불기소

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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