아동학대에 관한 형법적 대응의 의미와 과제

• 영문명: Criminal Law Responses in Child Maltreatment Matters : Rationales and Strategies
• 발행기관: 한국형사정책학회
• 저자명: 김성규(Seong Gyu KIM)
• 간행물 정보: 『형사정책』刑事政策 第27卷 第1號, 114~136쪽, 전체 23쪽
• 주제분류: 법학 > 법학
• 파일형태: PDF
• 발행일자: 2015.04.30

영문 초록

Child maltreatment is an intimate and complicated form of harm; those cases have unique characteristics that make them different from other types of violence cases. It has been suggested that child maltreatment should be recognised as criminal offending, however, at the same time, it has been also warned that its criminalisation could inflict further harm to children. In South Korea, the Act of the Punishment of Child Abuse Crimes entered into force on September 29, 2014, which is designed to assist the operation to help protect children from being victimized and to improve the investigation of child maltreatment cases. This article explores Korea's legislative approach to develope recommendations to combat child maltreatment for the purpose of child protection more effectively. It also discusses the potential of the conventional criminal justice system to deter and reduce child maltreatment, and the function of restorative practices, through which the abuser is given a clear understanding of the impact of his or her actions on the victim, as well. Finally, it reviews procedural issues that arise in the prosecution stage of a child maltreatment case. The role of law enforcement in child maltreatment cases is to investigate to determine if a violation of criminal law occurred, identify and apprehend the offender, and file appropriate criminal charges. Yet, it has been argued that child maltreatment should be considered within the broader context of child health and social welfare, with a focus on prevention. Consideration is given to the capacity of criminal sanctions to shape the behaviour of offenders, and to the impact of criminal intervention in child maltreatment cases on the processes of child protection.

목차

Ⅰ. 서설

Ⅱ.「아동학대범죄의 처벌 등에 관한 특례법」의 시점(視點)

Ⅲ. 아동학대에 관한 형법적 대응의 의미와 한계

Ⅳ. 아동학대에 대한 수사 및 공판에 있어서의 문제점

Ⅴ. 맺음말

참고문헌

키워드

아동학대 아동학대범죄 아동보호 「아동학대범죄의 처벌 등에 관한 특례법」 형법 child maltreatment (abuse) child abuse crime child protection Act of the Punishment of Child Abuse Crimes criminal law