아동학대범죄 피해아동의 보호를 위한법·제도적 보완 방안

Abstract

Because of the death case of abused child in 2012, the gravity of child abuse in our society has risen. Therefore January 28th in 2014, 「Act on Special Cases concerning the Punishment, etc. of Child Abuse Crime」which contains materials of criminalizing child abuses, raising the penalty of child abuse crimes and reinforcing the safe guard of abused child was established and 「Child Welfare Act」was revised. In this article, after taking a close look on the present condition, especially on the parts concerned with protection of abused child, based on the statistics of child abuse during the passing year, the legal and institutional complements for protection of abused child will be suggested. To begin with, in the investigation and enforcement procedure of child abuse crime cases, these improvements are suggested: 1) the stipulation to prioritize it as child abuse protection case when child abuse crime occurs, 2) institutionalising of opinion reflection of abused child and child protection institution when processing child abuse crimes, 3) introduction of the system of the necessary defender for crime victims in child abuse crimes, and establishment of cooperative system of child protection institutions 4) legislation of the period for the prompt decision of the victim protection order 5) reinforcement of the service for the abused child and his family 6) preparation of protective device for abused child in case of the child-batterer is a child 7) enlargement of the range of protection for the abused child. Also as political improvements for reinforcing the protection of the abused child, the followings were suggested: 1) expansion of the medical institution for treatments for the abused child and necessary check-up and psychical cure for the abused child at the same time when processing the abused child crime cases, 2) expansion and diversification of facility for the protection of the abused child, and reinforcement of the supervision of such facility, 3) establishment of child protection institution-oriented support system for the abused child, 4) policy making for the protection of the abused child and pursuit of legislation about security of budget.