Deals & Cases

Violation of the Child Welfare Act (child abuse)
Violation of the Child Welfare Act (child abuse)Non-disposition (juvenile)

Child Abuse Lawyer Assistance Case | Client in Violation of the Child Welfare Act, Non-disposition Decision

The client who came to the child abuse attorney requested assistance from Daeryun, seeking to succeed in defending against punishment with the assistance of a specialized attorney who had handled numerous child abuse cases.

1. The Client Who Sought a Child Abuse Lawyer

Daeryun child abuse attorney, child abuse offense assistance case

This is a case in which the client who came to the child abuse attorney was at risk of being punished on a child abuse charge, but obtained a decision of non-disposition with the assistance of a specialized attorney who has handled numerous criminal cases.

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

The circumstances of the client who came to the child abuse attorney to request assistance are as follows.

While the client was departing on a trip together with his wife and their two children, a difference of opinion arose with his wife, and they began to quarrel.

At this time, the client drove while venting his anger at his wife, and the wife claimed that the client had intentionally accelerated the vehicle abruptly and driven roughly, thereby abusing the children.

A few days later, the wife reported the matter to the police on the ground that 'the client used abusive language in front of the children,' and an investigation began.

The client came to the child abuse attorney seeking to succeed in defending against punishment with the assistance of a specialized attorney who has handled numerous 🔗Violation of the Child Welfare Act cases.

2. Violation of the Child Welfare Act Explained by a Child Abuse Lawyer

The client involved in charges of violating the Child Welfare Act sought, with the assistance of an attorney handling child abuse cases, to defend against punishment. Let us examine violations of the Child Welfare Act in detail.

Sentencing for Violation of the Child Welfare Act

The Child Welfare Act aims to guarantee the welfare of children so that they may be born healthy and grow up happily and safely, and it applies to children under the age of 18.

Under this Act, no one may engage in the following acts.

Child Welfare Act Article 17 (Prohibited Acts)

No one shall engage in any act falling under any of the following subparagraphs.

3. An abusive act that causes injury to a child's body
4. An abusive act such as sexual harassment or sexual violence that causes a child sexual humiliation
5. An emotionally abusive act that harms a child's mental health and development

If a charge of emotional child abuse is established, the offender may be punished under the following provisions.

Sentencing for Child Abuse

Emotional Child Abuse

(Child Welfare Act Article 71)

Imprisonment for up to 5 years or a fine of up to 50 million won

3. The Child Abuse Lawyer's Case Resolution Strategy

Daeryun Child Abuse Attorney Child Abuse Non-disposition Case

The child abuse attorney established a detailed strategy while specifically reviewing the relevant statutes and precedents.

To succeed in defending against punishment, the attorney made the following arguments.

Child Abuse Lawyer's Argument (1): Acceleration on a Downhill Slope

The client did not accelerate suddenly for the purpose of threatening his wife and children.

The road in question was a downhill slope, and in such a case it is generally common for a vehicle to gain speed even when the accelerator is pressed only slightly.

The attorney emphasized that this could hardly be regarded as an act unacceptable by common social norms, and therefore could not be definitively characterized as an act of child abuse.

Child Abuse Lawyer's Argument (2): Remorse and Resolve

Setting aside whether the client's conduct constitutes child abuse, the client deeply repents of all the facts.

The client wishes to return to the family and live as a good head of the household, and intends to moderate drinking as well.

It was emphasized that the client is doing everything possible within the client's ability to restore the family.

4. Result of the Child Abuse Lawyer's Assistance: “Non-disposition”

The court, accepting the child abuse attorney's argument, rendered a decision that 'no protective disposition shall be imposed on the actor.'

The client, whose case was concluded with a non-disposition decision, expressed deep gratitude to the child abuse attorney.

After examining a domestic protection case, the court must render a decision not to impose a disposition in the following cases

① Where it is found that a protective disposition cannot be imposed or is unnecessary
② Where, in light of the nature, motive, and result of the case, it is not appropriate to handle the matter as a domestic protection case

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

The above case was an instance in which a client implicated on charges of violating the Child Welfare Act swiftly concluded the case with a non-disposition decision.

Child abuse infringes on the basic human rights of children and causes significant harm to society, so the courts punish it severely.

To succeed in defending against punishment, it may be advisable to receive the assistance of a 🔗criminal attorney who has handled numerous child abuse cases, and to respond specifically on a case-by-case basis.

If you have been implicated in a child abuse offense and have not found a solution, please entrust your case through a 🔗legal consultation appointment.

아동학대변호사 조력 사례 | 아동복지법위반 의뢰인, 불처분 결정

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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