아동학대 처벌규정에 관한 검토- 아동복지법을 중심으로

Abstract

Most of the provisions prohibiting child abuse under theArticle 17 of Child Welfare Act are ambiguous in terms of itscontent and scope and some of them are redundant andunnecessary. In relation to other Acts, the provisions are not systematic,which causes problems with interpretations and applications ofthe Act. In particular, in consideration of the relationship betweenJuvenile Protection Act and Child Welfare Act, the prohibitedacts are redundant and unsystematic, and when there is a caseof child abuse under the Article 6 of Juvenile Protection Act,Child Welfare Act is not applied to the case but JuvenileProtection Act. And, when a case is subject to different Actssimultaneously - such as Criminal Law, Juvenile Protection Act,Act on Special Cases Concerning the Punishment, etc. of SexualCrimes, Act on the Protection of Children and Juveniles fromSexual Abuse, Act on Special Cases Concerning the Punishment,etc. of Crimes of Domestic Violence, etc. - it is not clear todecide whether the case is concurrence of provisions orconcurrence of conceptions. The provisions on child abuse, which was established in 1961,should be amended in consideration of the changed social reality,criminological theories, and the relationships with other Actssuch as Juvenile Protection Act, etc., which were established andhave been in effect since the enactment of Child Welfare Act. Most of the prohibited acts under the Article 17 of Child WelfareAct should be expurgated. It is desirable that cases currentlysubject to the provisions under the Article 17 be subject to Acton Special Cases Concerning the Punishment, etc. of ChildAbuse, which is newly enacted, taking into consideration thesystemicity of Child Welfare Act and Act on Special CasesConcerning the Punishment, etc. of Child Abuse.