아동학대 사망사건에서 살인죄 적용에 관한 연구 - 미필적 고의에 의한 살인을 중심으로 -

Abstract

In 2013, after the occurrence of series of child abuse deaths, such as “Ulsan Stepmother Case” and “Chilgok Stepmother Case”, a public consensus was formed that punishment for child abuse crimes should be strengthened, As a result, 「Special Act on the Punishment of Child Abuse Crimes」 was enacted on January 28th, 2014. However the number of deaths from child abuse continue to increase, and that the punishment has been consistently criticized as "slap on the wrist." Defendants have been charged with crime of involuntary child abuse and manslaughter on the grounds that it is difficult to prove the cause of murder. Although crime of involuntary child abuse and manslaughter can be sentenced up to life imprisonment, the sentencing guideline is only half of murder, which is light punishment compared to the nature of crime itself. This study aims to examine in child abuse death cases whether involuntary child abuse and manslaughter is applied even though there are circumstances of murder. I analyzed a total of 20 rulings in which had been confirmed after the implementation of the Special Act on the Child Abuse Crime, based on the criteria recognized in the judgment on murder by willful intent, using the method of content analysis. The study shows that 11 cases were by willful negligence and could be charged with murder, except for 2 cases in which active relief measures were taken after the crime and 9 cases that the intention behind murder was debatable. Based on these findings, suggestions were made to be used as a reference material for applying murder charges in child abuse deaths.