KLRI : KOREA LEGISLATION RESEARCH INSTITUTE

Ⅰ. Background and Purpose

▶ Review on measures regarding law and system reform for effective operation of the Act on Special Cases concerning the Punishment, etc. of Child Abuse Crimes:

  ○ Lack of effectiveness of governance system for prevention of child abuse; and

  ○ Necessity for reviewing measures regarding law and system adjustment for effective operation of the Act on Special Cases concerning the Punishment, etc. of Child Abuse Crimes

Ⅱ. Main Contents

▶ Analytic Viewpoint and Situation of Child Abuse:

  ○ With the ecological perspective, it is required to analyze the child abuse using all of ① psychopathological ② developmental theory, and ③ sociopsychological viewpoints;

  ○ Necessity for expanding and materializing the concept of child abuse under subparagraph 7 of Article 3 of the Child Welfare Act, which is currently enforced in the Republic of Korea; and

  ○ Child abuse is generally committed by a guardian such as parent, mainly at home, confidentially

▶ Analyzing law and system of the Act on Special Cases concerning the Punishment, etc. of Child Abuse Crimes:

  ○ Needs for materializing the extent of protection for abused children by age;

  ○ Necessity for imposing reporting obligation of child abuse crimes on whole people;

  ○ Requirements to specifically classify and materialize child abuse actions; and

  ○ It is required to consider the fairness against other Acts for issues on reinforcement of statutory punishment under the Act on Special Cases concerning the Punishment, etc. of Child Abuse Crimes

▶ Legal content analysis of the Act on Special Cases concerning the Punishment, etc. of Child Abuse Crimes:

  ○ The purpose provision of the Act on Special Cases concerning the Punishment, etc. of Child Abuse Crimes is a valid regulation;

  ○ With regard to abolition of arraignment prescription of serious criminals related to child abuse, current regulation (Article 34 (1) of the Act on Special Cases concerning the Punishment, etc. of Child Abuse Crimes) may be enough; and

  ○ For effective operation of the e-Child Happiness Support System, it is required to amend other Acts and subordinate statutes so as to use personal data of children under the risk of abuse by means of amendment on Article 24 (Use of Social Security Information System, and Relevant Matters) of the Act on the Use and Provision of Social Security Benefits and Search for Eligible Beneficiaries and Article 14 (Scope, Methods, Procedures, etc. for Using Social Security Information System) ofr the Enforcement Decree of the same Act 

▶ It is required to improve law and system including building the comprehensive support system for child protection centralized by the public shifted from currently decentralized child abuse protection system and strengthening share of information and cooperation between relevant authorities

Ⅲ. Expected Effect

  ○ Proposing direction of legislation for effective operation of governance system to prevent child abuse

  ○ Proposing direction of law and system adjustment for effective prevention of and response to child abuse