Hello, I’m Heebong Ha from Lawpid Legal Services. With the recent high-profile child abuse cases, I would like to share important legal information that we should know 🧐.
Summary of the recent child abuse case 🏫
At a youth sports academy run by the father of a famous sports player, the director and coaches were accused of swearing at and physically punishing children who made mistakes during training. In light of this incident, let’s take a look at what child abuse is and the penalties for violating child welfare laws.
What is child abuse under the Child Welfare Act? ⚖️
According to Article 3 (7) of the Child Welfare Act, child abuse goes beyond simple corporal punishment and includes any behavior that harms a child’s health or welfare. This includes not only physical violence, but also emotional abuse such as name-calling.
What is a work restriction order for child abuse offenders? 🚫?
According to Article 29(3) of the Child Welfare Act, anyone sentenced for a child abuse offense is prohibited from working in a child-related organization for a certain period of time. This is an important measure to protect children.
Are there any exemptions to the work restriction order? 🔓
Yes, there are. The court can waive a restraining order in the following cases:
- The risk of reoffense is substantially low
- There are special circumstances considering the motive, means, and consequences of the offense.
In recent cases, employment restriction orders have been exempted in the following cases:
1) Daegu District Court, Andong Ji-won case (May 2024 judgment)
- Crime: Physical abuse of a student (12 years old) by the director of a taekwondo school.
- Sentence: 5 million won fine and 40 hours of child abuse treatment program
- Reasons for exemption: No prior criminal history of child abuse, reduced risk of recurrence of abuse, and high willingness to reform
2) Ulsan District Court case (May 2024)
- Crime: A mother neglected a 4-month-old infant and a 1-year-old infant for 12 hours.
- Sentence: 1 million won fine and completion of 40 hours of child abuse treatment program
- Reasons for exemption: First-time offender, third-degree intellectual disability of the defendant, low likelihood of recidivism as the children were placed in a protective facility
3) Daejeon District Court Case (May 2024)
- Crime: Birth mother illegally adopted a newborn baby
- Sentence: 8 months in prison, 2 years probation, 40 hours of child abuse recidivism prevention course
- Reasons for exemption: expected to be effective in preventing recidivism by ordering the course alone, and considering the defendant’s age and circumstances
What is the expected outcome of this case? 🔮
If the charges are upheld, this case is expected to result in a relatively severe penalty, given the following factors:
- Persistence: ongoing abusive behavior, not a one-time event.
- Variety of abuse: The presence of both physical abuse (corporal punishment) and emotional abuse (verbal abuse)
- Status of the accused: breach of responsibility and duty as an educator
- Social influence: as a family member of a celebrity, the case has a high social impact.
Therefore, if convicted, it is likely that a suspended prison sentence, completion of a child abuse treatment program, and an employment restriction order will be imposed. However, the final outcome will depend on further developments during the trial, the defendant’s sincere remorse, efforts to repair the damage, and any agreements with the victims, especially if an amicable settlement is reached with the victims, which may result in a reduced sentence or leniency.
Our advice to you 💡
Child abuse is never justified, but sometimes you can unintentionally break the law. If you’re an educator or someone who works with children, it’s important to familiarize yourself with the definition of child abuse and the laws that apply.
If you are facing legal issues related to child abuse, it’s a good idea to speak with a professional. We can help you understand your situation and find the best possible solution.
If you’re struggling with a legal issue, don’t hesitate to contact us. We’ll work with you to protect your rights and get you the best possible outcome. 🙏