아동학대범죄 신고의무에 관한 소고

Abstract

The obligation to report child abuse crimes is a major means of preventing child abuse crimes. The child abuse crimes reporting obligators are likely to find child abuse early. In recent years, 「the Child Abuse Crimes Punishment Act」 and 「the Child Welfare Act」 have increased the number of reporting obligation, strengthened reporting requirements and reporting period, strengthened sanctions on non-compliance with reporting obligations, and expanded institutional reporting institutions. However, according to the ratio of the child abuse crimes reporting obligators among all cases of child abuse crimes reports, the average of last 10 years (2008 ~ 2016) is about 32%. As of 2015, the proportion of reporting by the child abuse crimes reporting obligators among the total number of child abuse crimes reports is remarkably lower than its tproportion of Australia (73%), the US (58%) and Japan (68%). In order to make the reporting obligation more active - although many legislative improvements have been made in recent years - we have to search for jobs that can be assessed as having a high likelihood of knowing child abuse crimes(eg, home visit education teacher etc.) and they should be added to child abuse crimes reporting obligations. In order to enforce the compulsory education for persons obligated to report, the relevant ministries (Ministry of Health and Welfare) should be able to conduct an education check. As a result of the inspection, institutions that are deemed to be inadequately educated should be allowed to take necessary measures such as special education for managers. And In order to make compulsory education practicable, education methods should be limited to collective education etc. On the other hand, the education obligation should be further strengthened for the educational occupations, especially in contact with children. And the level of sanctions for violating the ban on disadvantages to the reporter must be in line with 「the Act on the Protection of Public Interest Whistleblowers」.