아동학대에 대한 대응시스템의 문제점과 전문법원제도의 도입방안

• 영문명: Reaction System against Child Abuse and Reform towards Integrated Process and Specialized Court System
• 발행기관: 한국피해자학회
• 저자명: 이호중(Lee, Ho-Joong)
• 간행물 정보: 『피해자학연구』제15권 제2호, 211~243쪽, 전체 33쪽
• 주제분류: 법학 > 법학
• 파일형태: PDF
• 발행일자: 2007.12.31

영문 초록

This article reviews the justice system that responds to child abuse and neglect crimes. The most serious problem is that the current system is a fragmented system. It has not been conceptualized as a whole or put into practice by a common set of statutes. Victim protection services are implemented by welfare service agencies; parental rights of the criminal can only be restricted by a decision of civil court; and the criminal is punished through the criminal process by criminal court. Many of the agencies that handle the child abuse cases and victim protection services are working independently, and not designed primarily with child abuse victims in mind. Based on the idea of community justice, the main theme of the author is that the justice system that handle the child abuse cases should function as a complex set of agencies and institutions that include police, prosecutors, civil and criminal court, and child protection agencies. An important goal of the justice system against child maltreatment is to prevent future maltreatment of the children and to ensure the children's safety. To meet this goal, the justice system ought to offer proper services, preventive or remedial, and to facilitate the delivery of needed services. Therefore, this article suggests 1) that the specialized courts that have the exclusive jurisdiction over the child abuse cases should be established, 2) that those courts manage the whole process including child victim protection services and penalties to the criminal, and 3) that the 'child victim protection order' for the integrated protection services should be urgently introduced.

목차

Ⅰ. 서론

Ⅱ. 현행법의 개입시스템과 절차 상의 문제점

Ⅲ. 공동체사법 및 치료사법의 이념과 전문법원 중심의 처리절차-미국의 예를 중심으로

Ⅳ. 아동학대사건에 있어서 통합적 개입전략에 기초한 사법절차의 개선방안

Ⅴ. 맺음말

Abstract

키워드

아동학대 아동복지법 공동체사법 문제해결법원 피해자보호명령 Child Abuse community justice problem-solving court victim protection order