兒童虐待に對する民事法的對應 -兒童虐待犯罪處罰に關する特例法を中心に-

Abstract

The biggest problem with the current law related to child abuse in Korea is that the protective measure of victim children is not enforced urgently and the confliction between the protective measure and the parental authority is not solved legally. To solve the problem, the Special Act on the Punishment on Child Abuse Crimes was legislated on January 28, 2014. This Special Act will be enforced on September 29, 2014. The purpose of this special act is to stipulate the special provisions for the punishment and procedures for child abuse crimes, the protection procedures for victim children, and the protection provision for child abusers so that children can grow as members of a wholesome society. The special act is fully enforced to protect victim children through the rapid judical decision in the judicial system. On the other hand, to protect children from the improper exercise of parental authority, a revision of the related civil law to limit part of parental authority about certain matters or to suspend the parental authority for up to two years is soon to be submitted to the national assembly. To make the revision of the legal system effective, the family head's consciousness, “I can do on my own for my children" and the conventional concept, “the law does not work in the family", that are still remaining, should be broken. The recognition that the parental authority is the duty given to the parents for the sake of children's welfare and that the family is not a sanctuary that cannot be penetrated by law should be deeply rooted in people's minds and the society.