「아동학대범죄의 처벌 등에 관한 특례법」상 응급조치에 대한 검토와 개선방안

Abstract

After 「Act on Special Cases Concerning the Punishment Etc. of Crimes of Child Abuse and Neglect」 is enforced, child abuse become accepted as not mere domestic issues or child discipline issues, but a crime in our country. And as the range of the person bound in duty to give the notification in case of catching child abuse is expanded and penalties against those that violate this duty are toughened, early discovery of child abuse incident is possible. And judicial police and workers of child protection institution ought to mobilize to the scene of child abuse incident when they receive the report of child abuse by this Act. Also when they mobilize to the reported scene they are possible to request to accompany to the reported scene to the other party, and are enable to investigate the abused child, the child-batterer and etc. and give a question to them on the reported scene by this Act. So at present early intervention to and coping with child abuse incident is possible. In addition, they can take immediately emergency measures for protection of the abused child when they discover the abused child. But since this Act is enforced many problems and loopholes reveal in initial actions of judicial police and workers of child protection institution against child abuse incidents. Therefore extension and supplementation of their role and function in initial actions against child abuse incident is demanded in the pursuit of the legislative purpose of this Act that is protection of the abused child and recurrence prevention of child abuse. So, in this paper, I reviewed the current acts on emergency measures, as intial actions, in the judicial procedure on child abuse incident, and suggest theirs improvements.