아동학대에 관한 검토와 법적 과제

Abstract

Child abuse leaves deep mental and physical scars to the abused child, and its effects last beyond the child's childhood to its adult age. Therefore, it is very important to deal with such abuses. In recent years, many child abuse cases have takin place in Korea, with some of them leading to the deaths of children. So, many people have become to pay attention to such abuses. Accordingly, in 2014, the government established the Special Law on Punishment, etc. on Child Abuse Crime. But, as the law focuses on restraint and punishment of those who abuse children, we cannot expect much on prevention of child abuse. Given that the law was recently established, it is too early to evaluate its effects. But, after the law began to be implemented, statistically the cases of child abuse have increased. So, in order to solve child abuse problems in Korea, it seems necessary to fundamentally change the system, in addition to punishing the abusers. Accordingly, this study wants to examine the issues from the definitions of 'child', and of child abuse, to current situations of child abuse occurrence, and, based on them, consider the problems which should be dealt with as priorities to prevent and reduce child abuse cases. And, to solve child abuse problems and to prepare countermeasures to them, this study tries to examine how we should perceive the 'child'. Finally, this study wants to examine the child abuse-related legal system, and consider the ways of improving Child Welfare Law and the Law on Punishing Child Abuse. Specifically, this paper views that the following issues should be dealt with. First, as child abuse, whatever its type is, leaves long and lasting effects on the child, we should pay continuous attention to it. Therefore, it is also necessary to monitor occurrence of child abuse and examine how to deal with them. Second, in recent trend of child abuse occurrences, cases committed by child's parents or taken place in the child's family take up about 80%. Thus, we should pay attention to the cases committed by child's parents, and find out ways to prevent them. Third, one of the reasons why parents abuse their children can be found in the fact that in Korean society children are not recognized as independent beings, but as beings subjected to, and disciplined by their parents. In summary, as children are different from adults, they should be given more protection and their rights should be guaranteed. But, in Korean society, they are treated as subject to their parents. Unless such understanding of children and treatment of them change in Korea, it is difficult to prevent child abuse in Korea. So, this paper wishes that the changes of perception on the meaning of child and their rights will reflect on systems and policies to prevent and punish child abuse cases, and support remedial measures.