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KMID : 0613620180380030217
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Health Social Welfare Review
2018 Volume.38 No. 3 p.217 ~ p.246
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A Study on the Changes in the Legislative and Judicial Aspects of Child Abuse Crimes in Korea
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Lee Se-Won
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Abstract
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In Korean society, recognition of and sanctions against child abuse crimes have changed over time. Using content analysis method, this study analyzes the time-variant characteristics of the legislative and judicial aspects of child abuse in Korea. Legislation on child abuse has changed from perceiving child abuse as a 'personal problem' to a 'social problem', and currently as a 'crime'. However, even after child abuse was legally defined as a social issue, a certain gap can be found between the judicial and the legislative. That is, in most cases, perpetrators of child abuse have been given a sentence without imprisonment, and the court has been lenient in taking actions against child abuse as a social issue, as it interpreted the scope of child abuse to an exceedingly narrow range. Nevertheless, as the ruling of the 'Ulsan stepmother case' in 2014 and the enactment of the ‘Act on the Punishment of Child Abuse Crime’ served as a momentum, attitudes of strengthening court responsibility began to appear with active response towards child abuse. In this context, the Korean society is analyzed to have transformed from a to a after the comprehensive amendment of the Child Welfare Act in 2000, and towards a after the enactment of the ‘Act on the Punishment of Child Abuse Crime' . Through summarizing the results of this study, suggestions are made on the way forward for the legislative and judicial systems in Korea.
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KEYWORD
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Child Abuse Crimes, Child Welfare Act, Tepid Intervention on Child Abuse, Punitive Intervention in Child Abuse
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