아동학대 처벌규정에 관한 검토 - 아동복지법을 중심으로

• Published in: 소년보호연구 Vol. 27; pp. 167 - 198
• Main Authors: 이천현, Lee Cheon-hyun
• Format: Journal Article
• Language: Korean
• Published: 한국소년정책학회 30.11.2014
• Subjects: Act on Special Cases Concerning the Punishment; child abuse; child abuse crime; Child Welfare Act; children trafficking; etc; of Child Abuse; 법학; 아동매매; 아동복지법; 아동학대; 아동학대범죄; 아동학대범죄 처벌 특례법
• ISSN: 1598-8163; 2734-0414

Most of the provisions prohibiting child abuse under the Article 17 of Child Welfare Act are ambiguous in terms of its content and scope and some of them are redundant and unnecessary. In relation to other Acts, the provisions are not systematic, which causes problems with interpretations and applications of the Act. In particular, in consideration of the relationship between Juvenile Protection Act and Child Welfare Act, the prohibited acts are redundant and unsystematic, and when there is a case of child abuse under the Article 6 of Juvenile Protection Act, Child Welfare Act is not applied to the case but Juvenile Protection Act. And, when a case is subject to different Acts simultaneously - such as Criminal Law, Juvenile Protection Act, Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes, Act on the Protection of Children and Juveniles from Sexual Abuse, Act on Special Cases Concerning the Punishment, etc. of Crimes of Domestic Violence, etc. - it is not clear to decide whether the case is concurrence of provisions or concurrence of conceptions. The provisions on child abuse, which was established in 1961, should be amended in consideration of the changed social reality, criminological theories, and the relationships with other Acts such as Juvenile Protection Act, etc., which were established and have been in effect since the enactment of Child Welfare Act. Most of the prohibited acts under the Article 17 of Child Welfare Act should be expurgated. It is desirable that cases currently subject to the provisions under the Article 17 be subject to Act on Special Cases Concerning the Punishment, etc. of Child Abuse, which is newly enacted, taking into consideration the systemicity of Child Welfare Act and Act on Special Cases Concerning the Punishment, etc. of Child Abuse.