Violation of the Child Welfare Act | Assisting a Welfare Facility Worker Charged with Child Abuse to Conclude with Non-Prosecution

This is the story of a client who requested help on a charge of violation of the Child Welfare Act.

The client, who had been working at a child welfare facility in Seoul, was accused, on the ground that the client had inflicted emotional abuse on a child under care, of a charge of violation of the Act on Special Cases concerning the Punishment of Child Abuse Crimes.

The case began when A, one of the children at the facility, confided to a school counseling teacher that the client had given isolating instructions, such as confining A to a separate room and preventing A from associating with friends.

Examining the level of punishment and the relevant statutes for violation of the Child Welfare Act, the specialized attorney set about legal interpretation and the establishment of a defense strategy.

The Child Welfare Act has the purpose of ensuring the welfare of children so that they may be born healthy and grow up happily and safely.

At the time of its enactment in 1981, it viewed children as objects of protection and regulated matters centered on the establishment of welfare facilities and the administrative system, but it has since developed into an integrated human rights protection legal system that recognizes children as subjects of rights and encompasses the prevention and punishment of child abuse as well as the protection of victimized children.

The client was facing a police investigation on suspicion of emotional abuse, and emotional abuse means verbal insults, emotional threats, confinement, restraint, and other sadistic acts committed against a child by an adult, including a guardian.

The representative types are as follows.

For a client facing questioning on a charge of violating the Child Welfare Act, an experienced attorney, in cooperation with the evidence investigation center, set out to undertake 🔗evidence collection that could rebut the charge and to establish a defense strategy.

As a result of the defense counsel's strategic assistance, the prosecution issued a decision of 'no suspicion' (non-prosecution) on the grounds of a lack of recognized intent and insufficient evidence.

In the client's case, because the client was an employee at a child welfare facility, a thorough response was necessary.

The client said, "If I had been criminally punished for a violation of the Child Welfare Act, I could have lost my job. Thanks to the Daeryun attorney's thorough defense, I was able to prove my innocence and protect my means of livelihood."

Unlike physical violence, emotional child abuse is a very ambiguous area in which there is no clear external evidence, so the interpretation may vary depending on the intent, situation, and context of the remarks.

Whether the same words constitute discipline or abuse is greatly dependent on the interpretation of investigative agencies and the court.

Therefore, there is a risk of being treated as a perpetrator regardless of intent, and it is very important to establish accurate legal standards and a strategy through the assistance of a specialist attorney from the early stage.

Daeryun LLC, through collaboration between specialist attorneys who have handled numerous violations of the Child Welfare Act and the evidence investigation center, comprehensively explains the intent of discipline, the situational circumstances, the relationship with the child, and the like, and provides a tailored defense strategy for the client.