아동학대 예방 및 피해 아동의 효율적 지원을 위한 개선방안

Abstract

As a social issue which has existed world-wide for a long time, child abuse is a problem that we must solve together. In order to prepare an improvement plan to prevent child abuse and to quickly and efficiently protect and support abused children, this study will examine current problems within the existing child abuse punishment law, including the child welfare law, Civil law, related contents from the special law on domestic violence, and current problematic points of the support system process for child abuse. First of all, in the preventive stages of child abuse, there is a need to create a social atmosphere that respects children, guarantees children’s rights, and which changes the attitude of parents towards their children and their awareness on parental rights. For this purpose, the parts of the Civil law that states ‘parent and children’ or ‘parental rights’ must be changed to ‘obligation or responsibility of parents.’ Occupational group of ‘Person who is obliged to report’ should be expanded, and there is a need to reinforce education. And most importantly, to fundamentally prevent child abuse, corporal punishment on children should be completely banned, and legislation that disallows the exemption of corporal punishment as a justifiable act under article 915 of the Civil law which regulates the disciplinary authority of parents, should be legalized. Secondly, in the stages of protection and support for abused children, the types and ranges of child abuse should be extended, and in the event that emergency measures need to be taken on the site of child abuse, the regulation that respects the abused child’s thoughts should be deleted so that the abused child can be realistically protected. Also, for the safe supporting of abused children, when moving out to site, the accompaniment by an employee of the Child protection institute (counsellor), and a police officer should be made obligatory, and penalty or punishment rules should be determined for the abuser who refuses an onsite investigation. As well, legislation should aid the situation by means of such as appointing a lawyer that represents the child in all processes of handling the child abuse case. The law needs to be revised in order to activate a guardian system that appropriately utilizes measures that limits parental rights, reinforces local infrastructure to protect abused children, and develops a comprehensive approach on child abuse. Lastly, in order to prevent child abuse and have an efficient support system, eventually a thorough inspection and management should be done through a control tower which looks over not only child abuse but also domestic violence, and abuse of the elderly, which are all organically related. As well, changing the citizens’ awareness of child abuse through continuous publicity activities and preventive education is the most important.