아동학대행위에 대한 의사의 신고의무 제도에 관한 소고

Abstract

In Republic of Korea, there are cases of child abuse by teachers who supervise children in daycare centers, kindergartens, or elementary schools on behalf of the parental authority or on behalf of the parental authority. Reflecting this social seriousness, the Act on Special Cases Concerning the Punishment, etc. of Child Abuse Crimes was enacted and amended, strengthening punishment for child abuse crimes, and establishing a system for urgent measures and protection for child victims. In the case of doctors, they are obligated to report child abuse crimes under the Act on Special Cases Concerning the Punishment, etc. of Child Abuse Crimes, as well as those who can diagnose the child's physical and mental condition and issue a diagnosis as direct evidence. For this reason, it is also a job group with a high risk of conflict with those with parental authority in the event of child abuse by a person with parental authority or a deputy supervisor. If a doctor suspects child abuse and proceeds with appropriate procedures in accordance with the duty to report under the Act on Special Cases concerning the Punishment, etc. of Child Abuse Crimes, if the perpetrator or suspected perpetrator retaliates against the doctor, the doctor The duty of reporting of doctors is inevitably reduced, and difficulties arise in protecting the identity of doctors. In this paper, after examining the overview of child abuse and child abuse crimes and the current legislation related to the duty to report and the protection of reporters under the Act on Special Cases Concerning the Punishment, etc. of Child Abuse Crimes, the doctor who is responsible for diagnosing and treating child abuse is In this case, in order to suggest the direction of whether additional measures and systems are needed to protect both children and doctors, and if necessary, what measures will be taken, we will compare them with foreign laws.