• Title/Summary/Keyword: child welfare act

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History and Law of Child-care in Korea (한국 보육의 역사 및 관련법과 현황)

  • Cho, Bok Hee;Kang, Hee Kyung;Kim, Yang Eun;Han, You Me
    • Korean Journal of Childcare and Education
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    • v.9 no.5
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    • pp.381-405
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    • 2013
  • This study aims to prepare basic resources for the development of child-care by figuring out the main characteristics of child-care history, laws, and current status in Korea. First of all, in the section of child-care history, the overall trend of child-care affaires were examined by classifying it into stage 1-Child Welfare Act, stage 2-Early Childhood Education Promotion Act, stage 3-Initial Period of Child-Care Act and stage 4-Complete Revision of Child-Care Act. Second, as for child-care related laws, basic laws such as Infant and Child-Care Act, and related laws such as Early Childhood Education Act and Child Welfare Act and other related laws such as Equal Employment Opportunity and Work Family Balance Assistance Act, act on Support for Disabled Children's Welfare and Social Welfare Services Act, the information related to child-care was specified. Third, as for current status of child-care, general status, status of child-care centers and children, and types of child-care centers were examined respectively.

Nuri-curriculum Daycare Programs Analysis for 3 to 5-year-olds Based on Child Welfare Act Safety Education-Based Content (3-5세 누리과정에 기초한 어린이집 프로그램의 안전교육 내용 분석: 아동복지법을 기준으로)

  • Nam, Hyunjoo;Lee, Sangehee
    • Korean Journal of Childcare and Education
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    • v.15 no.3
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    • pp.39-60
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    • 2019
  • Objective: The purpose of this study was to analyze the Nuri-curriculum daycare programs for 3, 4, and 5-year-olds based on the Child Welfare Act. Methods: Data were analyzed according to the analysis criteria for 195 children's safety education programs in the Nuri-Program. The analyzed data used frequency and percentages. Results: First, life safety education was the most important element. And after looking at the contents category of the Child Welfare Act, the results in order are as follows: "raffic safety"; "Health and hygiene management, including the prevention of contagious diseases and drug abuse"; "Safety measures against disasters"; "Precaution and prevention of disappearance and abduction"; and "Prevention of sexual violence and child abuse." Second, there were many safety education activities in accordance to chronological age (3-to 5-years old). Health and safety by subject, season, and life tools were more frequent. By type of activity, conversation and language activity, fairy tales, and plays were the most common activities. Conclusion/Implications: This suggests the need to systematically plan safety education content through a program that links safety-related laws and elements related to the Nuri curriculum in child care centers.

Definition of Child and Youth Welfare and Proposals for the Reform of Legal System (아동·청소년 복지의 개념과 법체계의 개선방안)

  • Cho, Sung-Hae
    • Journal of Legislation Research
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    • no.41
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    • pp.43-85
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    • 2011
  • Child and youth welfare law in Korea is vague and complex. In a narrow sense it means the research on the provisions of the Child Welfare Act. In a broad sense it embraces all of the social welfare system regarding to the protection for children and youth. Regardless of the scope of child and youth welfare law it should be cleared what the term of child and youth means in Korean legal regulation. Historically, child protection in Korea was based on the good intentions of individuals to protect war orphan children from poverty or danger after the end of the Korean War. It is the story of the evolving status of children from being viewed as dependant of the parents to becoming rights-based citizens, even not in Constitution. In Korea neither parents nor children have constitutionally recognized right. According to Korean Constitution the parents have only the obligation to educate their children. And the state ist obliged to improve the welfare of the youth(section 34). In compliance with this article there are lots of statutes regulating youth welfare. This article reviews the legal definition of child and youth to test the uncertain definition of child and youth welfare in relation to the treatment of children's and youth's legal status in Korea. According to the Child Welfare Act child is the person under age of 18, while the legal definition of youth oscillates between the person under the age of 19 and the person over the age 9 to the age of 23. As a result child welfare is often used as the synonym of youth welfare, and vice versa. The lack of the arrangement of the legal definition of child and youth is based on the historical reasons that the legal definitions of youth (under the age of 19 or over the age 9 to the age of 23) newly appeared in the statutes regulating youth welfare, whereas the Child Welfare Act still maintained the definition of child under the age of 18. In order to get rid of the confusion of the definition of the child and youth, a part of certain statues should combine with another Act according to the purpose of the individual amended statutes. And the definition of child and youth should be subdivided into 3 or 4 classes, namely infant(0-6), child(7-13), youth(14-18) and young adult(19-26). Furthermore this article proposes a reform of the existing legal system pursuant to the nature of the law, i.g. whether the issued or amended Act takes on a selective(residual) or universal character.

Research on the Trend of Welfare of Children with Disabilities and Facility Reorganization in Japan - Focused on Medical-type Facility for Children with Disabilities (일본의 장애아를 위한 복지의 동향과 시설재편에 관한 연구 - 의료형 장애아 입소시설을 중심으로)

  • Bae, Minjung;Takemiya, Kenji
    • Journal of The Korea Institute of Healthcare Architecture
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    • v.25 no.3
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    • pp.67-74
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    • 2019
  • Purpose: In 2012, the Child Welfare Act was revised to provide better support to children with severe disabilities in Japan. Previously, inpatient facilities had been classified according to the type of disabilities of patients. After the revision of the Act, however, these facilities were assigned into the category of "medical-type facilities for children with disabilities", or "welfare-type facilities for children with disabilities." The focus of the study is to evaluate the reorganization of the Child Welfare Act and to analyze the new layout of Center K after its transition from a facility for children with motional disabilities to a medical-type facility for children with disabilities. Methods: A literature review was conducted to identify the trend in the treatment for persons with disabilities and the process of policy making in Japan. Field research was performed twice in 2015 and 2016, before and after the renovation of the Center K facilities depending upon the revision of the Child Welfare Act. Results: There is an increasing tendency of the population of persons with disabilities in Japan, and the severity level of disability of children with disabilities. In the case of Center K, two types of ward constructed to meet the two types of disability has been reconstructed into three types of unit following the various severity level of disability. Implications: As a result, it could be argued that it is also necessary in Korea to reorganize the facilities for persons with disabilities to deal with the fact that the population of persons with disabilities in Korea has been growing and their degree of disabilities also getting severe.

Analysis on Criminal Judgement of Child Abuse : Focus on Violations of the Child Welfare Act (아동학대범죄에 관한 형사 판결 분석 연구 : 아동복지법 위반 사례를 중심으로)

  • Lee, Sewon
    • Korean Journal of Social Welfare
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    • v.67 no.2
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    • pp.113-136
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    • 2015
  • This study is about criminal judgement of child abuse. The purpose of this study is to analyze contents and reasons for judgements about child abuse crime in detail especially focused on elements and contents of weighing of an offense and concurrent imposition and then to suggest alternatives for policies and law-enforcement for the prevention of that crime. The data were collected from 484 written judgements on 579 criminal defendants that were related to 'Violation of the Child Welfare Act' and were conducted by content analysis. The results are as follows. First, Only about 25% criminal defendants were guilty of violations of the Child Welfare Act were sentenced to imprisonment and the rest of them(about 75%) were merely sentenced to probation of imprisonment or fined. Second, Proportion of prison sentence or period of jail time have not been increased in spite of public indignation and upward of statutory punishment by legislation. Third, in the case of child sexual abuse, there are frequent cases in which concurrent imposition was not put, regardless of explicit statement in the related laws. Last, this study revealed that some mitigation factors of sentence that have been identical to crimes against adult have been applied to child abuse crime uncritically, for example agreement and regret and so on. On the basis of such results, this study proposed policy alternatives for prevention of the recurrence of child abuse, i.e. intrinsic standard of weighing of an offense, concurrent imposition to perpetrators of child abuse and so on.

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A Study on the Conceptual Discussion of Healthy Families (건강가정 개념에 대한 논의)

  • Song Hye-Rim;Sung Mi-Ai;Chin Mee-Jung;Lee Seung-Mi
    • Journal of Families and Better Life
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    • v.23 no.6 s.78
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    • pp.179-190
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    • 2005
  • This study discusses the conceptual meanings of 'healthy families' by examining four popular misunderstandings regarding the concept. These misunderstandings are based partly on the lack of consensus on the use of the concepts of 'health' and 'families' and partly on the intentional misreading of the 'Healthy Fanulies Act' To correspond to the Concerns related to the Act, we need to clarify various meanings of the concept of family and to confirm the theoretical pounds of 'healthy families' based on the multidisciplinary consensus. To build consensus, it might be necessary to review some of the articles of the Act that have been misinterpreted.

The present state of chid abuse in Korea and its system for child protection (국내 아동학대의 현황 및 신고체계)

  • Pai, Ki-Soo;Kim, Shin-Young;Chung, Young Ki;Ryu, Kyeong Hee
    • Clinical and Experimental Pediatrics
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    • v.52 no.11
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    • pp.1185-1193
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    • 2009
  • An act of children's welfare was made in 1961 for the first time in Korea but it had been nothing but the name in view of practical impact to prevention of child abuse. Real undertakings of Child Abuse Prevention were commenced overtly since 2000 in Korea, when the law for children's welfare was revised to put protective settings for the victims and to establish criterion for children's safety. The history of Child Abuse Prevention is very short in Korea but the reporting cases increased very fast from 4,133 cases in 2001 up to 9,570 cases in 2008 with the enthusiastic activities from people of the associated organizations along with the national supports. But the portion reported by the mandated reporters such as teachers or doctors is still low compared to those of the developed countries. The National Child Protection Agency (NCPA) was founded in 2001 by the Ministry of Health and Welfare to prevent child abuse and to aid recovery of abused and neglected children including their families, through the cooperation of related organizations. NCPA refers reported cases of child abuse to appropriate local centers, operates a computer database system for case management, publicizes national reports of child abuse on a yearly basis and technically supports the Local Child Protection Agency (LCPA) by developing scales for assessment of child abuse and neglect and distributing programs for the education of mandatory reporters. LCPAs operate 24-hour telephone hotline, investigate and visit homes and provide in home services networking with local resources, and operate multidisciplinary teams for screening child abuse victims and supervising case management through multimodal systems. We summarized the present state of child abuse in Korea and reviewed the operating systems for child protection in this country. Through this article, we hope that medical peoples are to be informed on the seriousness of child abuse and to be able to devote themselves for the prevention of child abuse.

Analysis of Precedents Related to Child Abuse Cases in Child Care Centers Applied to the Act on Punishment against Child Abuses and Its Implications (아동학대처벌법을 적용한 어린이집 아동학대 사건에 관한 판례 분석 및 시사점)

  • Jeon, Byeong-Joo
    • The Journal of the Korea Contents Association
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    • v.22 no.3
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    • pp.538-546
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    • 2022
  • For the recent 5 years, the trends showed that the child abuses by parents was declined while that by child care teachers and principals, employees in child welfare institution was increased. In particular, significant increase of child abuses by child care teachers and principals should be paid attention more than the abuse by the others. The government had already enacted the Act on Punishment against Child Abuses in 2014 to respond and prevent from child abuses strongly. However, as the cases of child abuses continued, questions were raised on the effectiveness of the regulation or whether the court performed well to play a role to punish the assailants of child abuses by amended regulations was suspected. This study is aimed to review the application cases of the Act on Punishment against Child Abuses through the precedents of child abuses in child care centers and to analyze how the punishments to assailants have been changed compared to application of Child Welfare Act. This study has the meaning to grasp the incompleteness of legal application on the child abuse cases and provide the basic data to improve the legal and system.

An Analytical Study on the 1st Enacted 'Child Edu-care Act(1991)' - From the Perspective of Children's Rights (아동권리관점에서 본 영유아보육법 제정법령 분석 및 평가)

  • Kang, Hyoun-Gu;Yi, SoonHyung
    • Korean Journal of Child Studies
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    • v.36 no.1
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    • pp.125-146
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    • 2015
  • The "Child Care and Education Policy(CCEP)" is important because it is responsible for providing 'care and education service' to young children in their 'most sensitive period' of human development. In reality, however, children's rights can only be sanctioned by adults and their rights are recognized at the level of abstraction. This study analyzes the 'Child Edu-care Act(CEA)' first enacted in 1991 from the 'perspective of children's rights', especially in terms of the rights of infants and preschoolers. In order to assess the CEA's "children's rights guarantee level", this study developed a number of standards based on the "UN Convention on the Rights of the Child(CRC)" and other documents. The results revealed that "children's rights guarantee level" was assessed against 4 categories ('Right to Survival and Development', 'Right to Welfare', 'Right to Education', and 'Right to Proper Care'), and the CEA(1991) was found to have a high guarantee level although it was enacted before Korea's ratification of the CRC. The results of this study can serve as a useful reference point for detailing children's rights and suggesting regulation standards for the CCEP.

A Study on the Workshop Program for the Specialists of Healthy Families (초기 건강가정사 교육 프로그램에 관한 연구)

  • Song Hye Rim;Kwon Hye Jin;Ki Eun Kwang;Kim Sun Woo;Kim So Young;Chae Hwa young
    • Journal of Family Resource Management and Policy Review
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    • v.8 no.3
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    • pp.65-93
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    • 2004
  • This study was conducted to develop and propose the workshop program for the specialists of healthy families. The proposed workshop program suggests the 6 divisions: 1. the roles of the specialists, 2. the system and contents of Act for Healthy Families, 3. the family policies and the related administrational organizations, 4. the projects for healthy families, 5. the management strategies for healthy families centers and networking system, and 6. the qualities of specialists. This developed workshop program contributes to enhance and improve the human capital of the specialists for healthy families.

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