• Title/Summary/Keyword: 아동학대 관련법

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Analysis of Precedents Related with Child Abuse to Protect Rights of Children (아동권리보호를 위한 아동학대 관련 판례분석)

  • Park, Yeonju
    • Korean Journal of Social Welfare
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    • v.66 no.2
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    • pp.31-49
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    • 2014
  • The purpose of this study is to analyze precedents related with child abuse for protection of the rights of the child. There should be the law related with 'punishment for child abuse,' which is the grounds of punishment, to make a precedent in the law punishing for 'child abuse,' but there is the concept only for 'child abuse' in the Child Welfare Law, the fundamental law; therefore, for a direct judgment for punishment, only precedents of 'child abuse' related with loss of parental rights and judgements for criminal cases, civil cases and laws covering special cases have been made. For that reason, 'the special law related with punishment for child abuse cases' is desperately required (On last December 23, 2013, the special law related with punishment for child abuse cases passed the National Assembly). Hence, precedent analysis had performed by grouping precedent from 2000 to 2013 which were not judged as child abuse in trial but can be regarded as child abuse. When analyzing each precedent according to the contents of analysis and judgment by fact relevance in this study, problems which the current legislative system has were deducted through an implication of each case by diagnosing using diagraming after classifying lower instance terminated cases, which precedents of the Supreme Court and judgments sent to the Supreme Court were excluded, while excluding cases settled in the civil level and classifying analysis of civil case precedents which did not become a criminal case and completed as a civil case, analysis of criminal case precedents, classification of precedents of loss of the parental rights (regarding child abuse) and precedents of any other special laws. And compensatory tasks for special laws regarding punishment of child abuse were presented while suggesting compensatory tasks for the legislation regarding deducted problems.

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Analysis of Precedents Related to Child Abuse Cases in Child Care Centers and Its Implications (어린이집 아동학대 사건의 판례분석과 시사점 : 아동학대범죄의 처벌 등에 관한 특례법을 중심으로)

  • Jeon, Byeong-Joo;Kim, Keon-Ho
    • The Journal of the Korea Contents Association
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    • v.17 no.4
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    • pp.209-218
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    • 2017
  • In Korea, child abuse in child care centers occurs continuously, and it is becoming a social problem. The government has intensified the supervision of management in child care centers, and through strong countermeasures and prevention against child abuse, it enacted the special act on child abuse in oder to enable children to become healthy members of society. In this study, this researcher gasped the legal application on child abusers, and analysed how the punishment for abusers changed according to the application of the special act on child abuse, through examining precedents of child abuse in child care centers. 21 cases related to child abuse cases were collected by searching homepage of the supreme court and each district court in this study. As a result of analyzing the precedents, the sentence of the defendant did not increase greatly, and it differed from the criminal identification of the people in cases of child abuse on which the special act on child abuse was applied. Therefore, it can be seen that there is a demand for more rigorous legal application for abusers in order to prevent child abuse in child care centers.

A Study on the Current Status and Responses System of Child Abuse

  • Lee, Young-Woo;Jang, Su-Yeon
    • Journal of the Korea Society of Computer and Information
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    • v.27 no.7
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    • pp.109-114
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    • 2022
  • Recently, child abuse cases such as the "16-month death of adopted children" have occurred one after another in our society and have emerged as a serious social problem. Child abuse not only significantly violates children's human rights, but also leaves scars on the child's body and sometimes threatens their lives. As a result, laws related to child abuse have been revised several times and related systems have been reorganized to protect the affected children safely and grow healthy, but child abuse cases continue to occur. Therefore, it is urgent to come up with effective measures to prevent child abuse crimes and protect affected children. Therefore, this study examines the concept and related laws of child abuse, the current status of child abuse, and suggests countermeasures to effectively respond to child abuse compared to the US child abuse legislation and child protection system.

Roles of Childcare Teachers toward Child Abuse Prevention (아동학대예방을 위한 보육교사의 역할)

  • Lee, Eun-Ju
    • Journal of Digital Convergence
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    • v.14 no.8
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    • pp.81-91
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    • 2016
  • The purpose of this study is to identify childcare teachers' self-reported perception of child abuse and neglect, reporting procedures, and reporting experience in Korea. The total average score of knowledge in child abuse and neglect was relatively high and most childcare teachers consider child abuse and neglect as a highly serious problem. About eighty six percent daycare teachers perceived reporting legislation toward child abuse and neglect, and most teachers in the study population perceived themselves as mandatory reporters. As the Child Welfare Act included a clause on mandated reporters, childcare teachers' role in intervening in child abuse cases has become more critical. In order to increase childcare teachers' reporting, education program should be designed for childcare teachers to effectively involve them in reporting child abuse and neglect.

Dentists' Recognition of Child Abuse and Neglect and Mandatory Attitude to Report (치과의사의 아동 학대 및 방임에 대한 인식과 신고 의무 태도)

  • Da Hyeo Jang;Yong Kwon Chae;Ko Eun Lee;Ok Hyung Nam;Hyoseol Lee;Sung Chul Choi;Mi Sun Kim
    • Journal of the korean academy of Pediatric Dentistry
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    • v.50 no.1
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    • pp.47-64
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    • 2023
  • In this study, the recognition of child abuse and neglect (CAN) and reporting attitudes of general dentists and pediatric dentists in Korea were estimated. A survey was conducted among dentists working at clinics or university hospitals, including interns and residents at dental hospital training institutions. The questionnaire, consisting of 32 questions and detailed questions, subdivided into 'general characteristics of respondents', 'CAN', 'CAN report', 'laws to CAN', 'countermeasures against CAN'. The survey was conducted using a messenger, and 176 respondents' answers were analyzed. The recognition of CAN showed high scores in the order of physical abuse, neglect, and emotional abuse. The positive attitude toward reporting CAN had a higher score than the negative attitude. Of the total respondents, 19 said they reported child abuse, and 18 said they were suspected of child abuse but hesitated to report it. Among the laws related to CAN, the protection measures for CAN reporters and the protocol for CAN showed low awareness. Since then, they have wanted to know how to find abused children and how to deal with them in education. This study is expected to be used as data to improve dentists' awareness and consciousness of CAN in the future.

Child Abuse Recognition and Related Factors among Korean Nursing Students (간호대학생의 아동학대 인식과 관련요인)

  • Cho, Yoo Hyang;Chung, Younghae
    • Journal of agricultural medicine and community health
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    • v.38 no.2
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    • pp.85-96
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    • 2013
  • Objectives: This study measures nursing students' ability to recognize child abuse and identifies the factors related to varying levels of recognition. Methods: In this cross-sectional study, data were collected from 370 third and fourth year nursing students using a self-reported questionnaire during November 15-30, 2011. The measuring tool for child abuse recognition used in the study was developed by Ozasa (2011) and is composed of 44 items including physical, mental, and sexual abuse, and neglect. For data analysis, descriptive statistics, two sample t-tests, and regression analysis were evaluated with the SPSS/PC ver20.0 program. Results: Nursing students were concerned about child abuse(85.4%), but knew little about related laws and regulations(14.3%), and they had almost no formal education or training regarding how to recognize child abuse. They only 1.6% reported child abuse even if they encountered such incidents; however, they correctly recognized even infrequent incidents of child abuse. Recognition of sexual abuse ranked highest, while recognition of neglect ranked lowest. Those with higher levels of concern over child abuse showed higher recognition scores. Regression analysis revealed that physical abuse, mental abuse, and neglect had different related factors, while sexual abuse had none. Conclusion: Education and training on the subject of child abuse is strongly recommended in nursing curriculums so that nurses will be able to appropriately respond to and report suspected child abuse.

A Study on the Development of Parents' Character Competency Reinforcement Program for the Prevention of Child Abuse (아동학대 예방을 위한 부모 인성역량 강화 프로그램 개발 연구)

  • Kim, Bong Je;Kwon, Ki Nam
    • Korean Journal of Child Education & Care
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    • v.18 no.4
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    • pp.109-121
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    • 2018
  • Objective: The purpose of this study is developing parents' character competency reinforcement program for the prevention of child abuse based on the critical competencies suggested by Character Education Promotion Act. Methods: For the development of the program, the literature review about child abuse prevention program in domestic and international research was conducted. Also, we conducted focus group interviews with kindergarten (n = 3) and elementary school (n = 4) teachers who experienced abusive parents for grasping their characteristics as a qualitative data collecting strategy. Results: As a result, parents' character competency reinforcement program for the prevention of child abuse was composed of a total of 7 activities; 'Understanding me and child', 'Anger management training for parent', 'Improving effective communication skill with child', 'Practicing two-way communication with child', 'Arts and Culture experience with child', 'Understanding my and child's feelings', 'We need a whole village to raise a child'. This program curriculum can be greatly four parents' character competency parts; self-management competency, communication competency, sensitivity competency, community competency. Conclusion/Implications: The program developed in this research can utilize the basic framework of the program to strengthen parent's toughness ability and it is crucial to develop customized toughness capacity increasing plan according to parent's characteristics It will be essential information.

A Study on the Solution of Child Abuse Problems Appearing in Social Problems (사회문제에 나타난 아동학대문제의 해결방안에 관한 연구)

  • Kim, Duck-Sun
    • Industry Promotion Research
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    • v.3 no.2
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    • pp.41-51
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    • 2018
  • This study is to see the problem of child abuse as a social problem and sees that the society as a whole needs to find a solution and suggest solutions. The results of this study are as follows. First, legal supplement should be given priority. This can be solved through legal amendments to relevant laws and legislative amendments. Second, institutional complement should be done. Physical and psychological treatment is more urgent for school children than school education for victim child. In the future, children's welfare facilities should be expanded to include child counseling centers for children who are living in homes rather than nursing homes but who have problematic behaviors and treatment facilities for children who need professional treatment. Third, measures should be taken against abused children. Results of action for affected children include home care, separation protection, home return, and death.

SEXUAL BEHAVIORS IN SEXUALLY ABUSED CHILDREN (성학대 피해 아동의 성행동 특성)

  • Lim Ja-Young;Kim Tae-Kyoung;Choi Ji-Young;Shin Yee-Jin
    • Journal of the Korean Academy of Child and Adolescent Psychiatry
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    • v.17 no.1
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    • pp.40-50
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    • 2006
  • Objectives : This study aims to identify sexual behaviors in sexually abused children to assess the Child Sexual Behavior Inventory(CSBI) score of sexual behaviors reported in children by their parents to analyze the relation of these sexual behaviors to demographic variables, familial variables, and characteristics of sexual abuse variables. Method : A large sample of 2-13 year old children(N=121) were rated by their caregiver via parent report consisting of CSBI, the Child Behavior Checklist(CBCL), and a questionnaire assessing characteristics of family history and sexual abuse variables. Results : There were significantly related to the CSBI score; younger children(2-5 year old group) had significantly higher scores than older children. Maternal education also related to the CSBI score, in that mothers with higher levels of education report more CSBI scores than less educated mothers. There were significant differences according to characteristics of victim victim with penile penetration of vegina and genital exposure of offender had higher score in the CSBI than others. Also, when perpeturator was an acquaintance, the CSBI scores increased. Conclusion : Sexual behavior related to childs age, maternal education, penile penetration of vegina, and genital exposure, parental emotional state and personality traits. Findings were primarily similar to previously published studies. The suggestions and the limitations of this study, and directions of future study were discussed.

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Social Constructive Analysis and Implication on the Korean Child Protect System (한국의 아동보호사업에 대한 사회구성주의적 접근과 함의)

  • Kim, Hyunok
    • Korean Journal of Social Welfare
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    • v.65 no.4
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    • pp.91-114
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    • 2013
  • The purpose of this study was to draw social constructive implications for the child protect system(CPS) in Korea. As the value of social constructivism for child protect system, the participation and the negotiation were identified through theoretical research. And this paper examined how the participation and the negotiation were done in other government's child protect policies. In addition, the focus group members were interviewed. 11 child protect practitioners and researchers were interviewed about the problems of child protect system, law and policies, and they discussed how the participation and the negotiation were done in Korean child protect system. The result of the discussion were as follows. The democratic relationship must be reconstructed through the participation and negotiation in CPS, Korea lacks of legal basis to force the abusers to participation. And in our country, negotiation parties for children cannot be recognized. Finally, the amendment of the law and regulations concerned with the child protect system were proposed based on the FGI's discussions.

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