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◇ So-young Yang (hereinafter referred to as So-young Yang): Let’s solve your angry, frustrated and unfair legal concerns together. Today I will be with attorney Lee Soo-yeon. How are you, lawyer?
◆ Soo-yeon Lee (hereinafter Soo-yeon Lee): Yes, hello.
◇ Soyoung Yang: Lawyer, please introduce me.
◆ Lee Soo-yeon: Yes, hello. My name is Soo-yeon Lee at Keumgil Law Office. I work a lot as a public defender of victims. He works as a publicly elected lawyer in charge of child protection at the Seoul Western District Prosecutor’s Office.
◇ Soyoung Yang: So today, I’m going to talk to lawyer Soo-yeon Lee about child abuse. It is because children are not going to school due to the Corona 19 incident. Rather, there is much concern about whether more and more children are being neglected by child abuse. Lawyer, how do you see it?
◆ Lee Soo-yeon: There is a lot of news that the conflict increases as you spend more time together. In addition, today, the problem of neglect of children seems to be a serious problem because all parents go to work in many cases. Additionally, there are statistics from the National Police Agency showing that cases of child abuse are more common than before.
◇ Soyoung Yang: Actually, it’s also about statistics.
◆ Lee Soo-yeon: Yes, there are statistics like that. By the way, a large part of the reports of child abuse are made by school and daycare teachers. But now, because there are many cases where children cannot go to school and even to daycare centers. Also, since face-to-face counseling is difficult even in child protection organizations or such counseling centers, I think there are probably more cases in reality.
◇ So Young Yang: You must be very worried about that. Let’s listen to today’s story and go over the details again with the attorney. “I am a counselor who works in a youth center. A student who is in second grade in high school has been consulting me about friends and academic problems. One day, I found a wound on the boy’s face. When I asked carefully, my father slapped me on the cheek. I got hurt because they hit me badly, that’s the way it is. Last year, his mother passed away and his father grew up alone. When I reported child abuse, I was concerned for my son. It’s not common for kids, and she doesn’t want to report it, saying that she only needs to be away for a while when her father is drunk. Should I listen to the child’s story in this case? “I heard the counselor’s story. In fact, you must have many of these concerns in our emotions. Counsel, in this case I will ask for your advice.
◆ Lee Soo-yeon: Anyone can report child abuse. However, those who belong to certain professions in the law are required to file a report. Representative people include day care centers, kindergartens, school teachers and people who work in youth facilities, medical personnel, etc. The person who gave your story is now also a person who works at the Youth Center, so you should report it.
◇ Yang So-young: So like our story, even if the child doesn’t want to report it, we have to report it, right?
◆ Lee Soo-yeon: Yes, it is. However, this is one of the great difficulties I feel in the field. The child does not want to report. Domestic violence is probably the same. Counseling on domestic violence is available, but people who see the counseling center have a lot of difficulty when they say they don’t want to report it to the police or to that location. However, even if the child does not want to report it, in principle, it is correct to do so. Because, unlike violence against adults, in case of child abuse, the victim is a child, so you cannot solve it yourself without outside help. And this is also a statistic of child abuse perpetrators, because about 80% of them are parents, so parents are an absolute presence, especially from a child’s point of view, and reporting their parents is not a easy part from the child’s point of view. . However, as I mentioned earlier, children, like children, cannot solve their own problems, so they have made it their duty to report child abuse to teachers, medical professionals, and counselors who are aware of child abuse.
◇ Yang So-young: I think so. Parents hit a child when he drinks alcohol, but if the child passes after I hit him, the parent will reflect on his mind in his heart. Sorry to ponder this, but no one takes action and no one says anything about it, so it repeats again. If the teacher persuades the child to report to the police anyway, and corrective action is at least taken, the parent can pay attention to himself not to do it again. You have to be aware that the gaze is looking, that is why it is necessary to persuade the child to report it, as the lawyer said, and that is why he has imposed the obligation to inform these teachers. You can understand it this way.
◆ Lee Soo-yeon: Yes, it’s true.
◇ Soyoung Yang: So if they don’t report, will they be legally responsible?
◆ Lee Soo-yeon: Yes, it is also a legal problem. According to the Child Abuse Penalties Act, if the person compelled to report fails to report without a justifiable reason, a fine of 5 million won or less is imposed. However, to prevent crime and protect children in addition to these legal sanctions, I would like you to make sure to report them.
◇ Soyoung Yang: So in fact, I was worried about this story at the moment, so I asked a question, but if you say what the lawyer said, in principle, it would be correct to persuade the boy to report it, and for now, you recognized it. Even if you are a counselor working in a training center, you are a person with a duty to report this, and if you do not, there may be penalties such as penalties for negligence, and there may be such disadvantages.
◆ Lee Soo-yeon: Yes.
◇ Yang So-young: So I reported the child like that. So will her father be severely punished as if the child is worried and something big will happen? How much punishment can be done?
◆ Lee Soo-yeon: in case of child abuse. It proceeds differently from general criminal proceedings. Penalties are sometimes punishable in criminal courts, but often in family courts. The difference is that when you are punished in criminal court, we generally speak of a criminal conviction. If you are fired in Family Court, you will be tried, but it will not result in a criminal conviction. Additionally, there are various provisions in Family Court, but representatively, there are orders to attend classes. You can think of it as a court order. If so, you may be concerned about the criteria for deciding whether to execute a criminal penalty or disposition in Family Court. First, it is based on the severity of the crime and its severity. Of course, there are criticisms that child abuse crimes should be handled in the same way as general criminal cases, but the current law still has a theoretical procedure and is actually often carried out in family courts. So I think it is a good idea to explain to your child that the degree of abuse is not too serious and that if the child does not want to report it, they will not go to jail and will be educated to get along with you. Because if the children report it, do they go to jail? It’s because I often think about it.
◇ Yang So-young: Actually, I think so. Correcting the roots before the law becomes serious is actually a more important part of our society. Child abuse, of course, is a serious assault, so if a child dies, of course, it will be criminal punishment. To prevent it. In that case, as the lawyer said, it was not a criminal punishment, but a family protection case, and the guardian ordered his father to take the class for a conference. After that, you can also get advice and do this, so going through legal procedures like that can be a much better process for my son. So the truth is, we need to know a lot about child abuse and protect our children. It seems to be a system prepared in this way. I heard the story today, and actually heard the concerns of the person who is required to report. As a lawyer who has dealt with this type of case a lot, if you have any last words you would like to say, I would ask you.
◆ Lee Soo-yeon: Anyone can report child abuse. With a little attention, you can fully see the suspected child abuse around you. In June, there was a case of child abuse that aroused the ire of the entire town. It would be nice to think that everyone is obliged to report.
◇ Soyoung Yang: Thank you very much for the last word. We all think that we are obliged to report forward on our children, and I think we should look that way. Thanks, lawyer.
◆ Lee Soo-yeon: Yes, thank you.
