1. Overview
The client has been educating students enthusiastically with a sense of professional mission for the past 28 years. However, he learned that some students raised complaints against him which ended with a warning from the principal and he eventually had to transfer school next year in lieu of disciplinary action.
However, after the same case was reported to the Child Abuse Center, and after being investigated once, the client, who thought that there was no evidence of abuse despite the fact that he had disciplined the students for the purpose of guiding them at the time. It was unfair for the client to received such result.
2. Applicable Law
Act on Special Cases Concerning the Punishment of Child Abuse Crimes
Article 44 (Application Mutatis Mutandis)
With respect to the investigation, examination, or protective order of child protection cases and special cases concerning handling civil cases thereof, Article 18-2, Articles 19 through 28, 30 through 39, 42, and 56 through 62 of the Act on Special Cases concerning the Punishment, etc. of Crimes of Domestic Violence shall apply mutatis mutandis. In such cases, “home protection case” shall be construed as “child protection case”, “domestic violence offender” as “child abuse offender”, “victim” as “child victim”, “domestic violence crime” as “child abuse crime”, and “protective order” as “child victim protection order”, respectively.
Act on Special Cases Concerning the Punishment of Crimes of Domestic Violence
Article 37 (Decision Not to Make Measures)
(1) The judge shall decide not to take any measure after hearing a home protection case, in any of the following cases:
1. Where it is deemed that he/she is unable to issue a protective order or such disposition is unnecessary;
3. Assistance of Counsel
Law-Win attorneys immediately participated in the interrogation of a Child Protection Agency to thoroughly investigate the case and visited the school to inspect the complaints filled out by the students.
In addition, based on the specific facts of this case, we submitted a written opinion strongly arguing that abuse cannot be ruled out. Through several interviews with the investigator in charge and the prosecutor in charge, attorneys explained the injustice of the client and helped him to have a positive mindset.
In particular, attorneys explained that the client has dedicated himself as an educator for the past 28 years and has never been sentenced to a single fine or prison sentence, he showed somewhat harsh remarks in the process of disciplining students, he apologized to the students immediately after the incident and received a confirmation of the facts and a petition and the vast majority of students at the scene of the incident viewed the victim's actions as simple discipline and actively expressed the circumstances, such as not wanting to be punished.
The investigation agency also agreed with the lawyer's opinion, but as the public awareness about children's rights and safety is rising, the agency decided to transfer this case to the Family court as Child Protection Case. After that, lawyers submitted an assistant's opinion to the Family Court and actively explained the reason why they couldn't get their hands on the abuse.
4. Outcome
Considering the opinion letter, the Family Court decided not to dispose the client's child abuse allegation.
5. Significance of the Outcome
Child abuse refers to physical, emotional, and sexual violence, abusive behavior, and abandonment and neglect by the child's guardians that may harm the health and welfare of a child or impede normal development by adults, including guardians. Currently, as the national interest in children's rights and safety increases, the level of punishment for child abuse appears to be increasing.
Therefore, in the case of child abuse, it should be remembered that the worst situation can be avoided by using the correct assistance of an attorney necessary for a systematic response to the case, even in order to fully explain the circumstances and circumstances of the case from the initial stage of the investigation.
Attorney Jo, Hyoung-ray and Song, Ji-young
