「아동학대범죄의 처벌 등에 관한 특례법」에 대한 비판적 검토- 아동학대범죄의 정의(定義) 및 재범방지에 관한 규정과 관련해서 -

Abstract

Child abuse is any act of commission or omission by a parent or other caregiver that results in harm, potential for harm, or threat of harm to a child. In Korea, the Child Protection Act defines child abuse as the physical, sexual or emotional maltreatment or neglect of a child. However, there seems to be a lack of consensus among professionals about what the terms abuse and neglect mean; the existing provisions are often criticized for vagueness and broadness. In December 2013, Congress passed the authorization of the Act of the Punishment of Child Abuse Crimes, which sets forth a classification of child abuse crime and contains provisions about removing a child from his/her family and/or prosecuting a criminal charge. The Act is not designed to criminalize child abuse, but categorizes the existing offenses as child abuse crimes; it gives the authorities the power to control and manage such acts or behaviors in the interests of the victims. As long as the aim of the Act is to reduce child abuse, not to severe penalties for child abuse, much that is now defined as child abuse does not merit governmental interference. On the other hand, although the Act sets minimum standards for the treatment of child abuse offenders, there is still need for improved implementation of more comprehensive crime prevention programs.