주택 내 아동학대의 은폐성과 아동학대범죄에 관한 법적 해결방안

Abstract

Child abuse, which occurs in a closed space called home, makes it difficult to detect or intervene early, and sometimes criminal intervention is delayed. In addition, child abuse crimes are likely to develop into serious criminal acts that occur in the private space of housing, and social harm is great in that they do not stop at one-time crimes but continue to occur. Most parents in Korea are doing their best to grow healthy in supporting their children, but some parents adversely affect their children's socialization through criminal acts such as child abuse such as domestic violence. The problem of child abuse has emerged as a serious social problem since it became the subject of social resentment through several relatively recent events. Child abuse has various causes, and not only occurs in complex forms, but also occurs mostly among families, but it is not easy to respond in that child protection is aimed at protecting cost information in principle. Until now, our society has had a wrong practice of recognizing child abuse as discipline at home, and there is also a problem in that it is temporarily of interest whenever a socially controversial child abuse case occurs. In other words, even though child abuse still occurs frequently in our society and becomes a serious social problem, we do not know the clue to solving it. The scope of the study in this article is the loss of parental authority legally and the sentence of punishment under the Child Abuse Crime Penalty Act in criminal law, but there is also a limitation in that it is a family legal issue. In the event of child abuse, legal measures include whether to separate parents and children from the core of the discussion, how long will it be separated if separated, and whether it is possible to entrust the child's rearing to parents with experience of child abuse again. The research objectives of the thesis are as follows. ⅰ) Revealing the criteria for distinction between parental discipline and abuse of children, ⅱ) proactive preventive measures against child abuse, ⅲ), exploring legislative alternatives to reduce child abuse, ⅳ) improving the cost of returning children to parents who commit child abuse.