• Korean Journal of Social Welfare
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• v.58 no.2
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• pp.167-195
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• 2006

The purpose of this study is to suggest the revision direction of the Korean Child Welfare Law based on the results of the comparative analysis on the Korean Child Welfare Law and the Japanese Child Welfare Law. The main results are: Both laws have only two provisions about children's participation right. The child protective system in Japan secures the swiftness of within-two-months period of temporary protection through the child consulting center, the investigation right by the child welfare worker, publicity, enforcement on the parents' rights, and the network with the nearest child supporting center. Furthermore, those provisions with the notifying obligation by a finder of the child who needs protection and the limit of protection period are guaranteed in order to ensure the effectiveness of law enforcement. However, Korean child protective system functions only as pre-substitutive service. While the provisions for the disability children account for 21.2% of the total Japanese law, there is no provision on that in the Korean law. The Japanese law is substantially different from the Korean law in a sense that it obligates the minimum quality criteria of child service and national financial burden on the child welfare. While the Japanese law clearly stipulates the national responsibility in relation to the degree of the rights, the Korean law does not directly touch upon it. Furthermore, the Japan's law guarantees that not only children but also protectors retain the right to choose and apply for services.

• Korean Journal of Social Welfare
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• v.44
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• pp.262-287
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• 2001

The purpose of this study is to monitor the implementation of UN Convention on the Rights of the Children (CRC) and to find out new directions for the promotion on the children's rights in Korea. Based on the module of International Save the Children Alliance (1993) about the children's rights and the Indicators of Korean Children's Wellbeing (Korean Council for Children's Rights, 1999), the revised Korean child welfare law (2000) as a related domestic law has compared with the 54 articles of CRC (1989). The results of this study are analyzed as follows: The Korean child welfare law has only 2 articles on the civil and political rights of the children in special need and neglects the economic, social and cultural rights of the general children at home. In consequence the Korean law has few survival rights of the general children for securing their adequate living standards and supplementing their parents' role. And it limits only to the development rights of the children in special need, therefore, it neglects the genera: children's rights to information, play and leisure, cultural activities. Above all, it has only 2 articles on the participation rights of the children in special circumstances. On the other hand, based on the indicators of Korean Children's Wellbeing, the collected data say that the budget for the child welfare is only 1.12% of the total budget of the ministry of the health and welfare and its 96.28% is for the children in substitutional care. Based on the results, implications for practice and future research are discussed, and new directions for the promotion of the children's rights are also suggested.

• Korean Journal of Child Studies
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• v.1
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• pp.94-106
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• 1980

The issue presented in this paper are as follows: 1. Legislative actions of welfare-related law for the exceptional children. The legislative base for the evolution has been yet weak and ambigous at best for a formalization of what should be considered accepted practice and effective action in providing handicapped child and their parents educational rights and equal protection of the law. And they are under remote control of partial factor subject to social welfare law for children, and public law for education, promotion law for the exceptional child education, protection law for public aids. 2. Organization of government for the welfare services for the exceptional children. There is no sing of a push toward consolidation of effort for the welfare service of the exceptional children in this country that seeks to recapture a sense of unity, of coherence, of completeness from a reality made up of discontinuous fragments of humanitarian effora This presently that. as for the education of the exceptional child, by the section of the exceptional education in MOE (Ministry of Education), and/or as for welfare services and promotion actions, by the section of child welfare in MHSA (Ministry of Health and Social Affairs). One door type operation rooted in the specialization, and limited resources to evolve multi-purpose agencies that undertake to provide a broad range of tangible and concrete services, as well as supportive counselling and assessment, under a single management which plans and directs the allocations of resources, should be followed. 3. Facilities and recruitment of teachers for the exceptional children. In this country there are 54 facilities for special services, 56 schools for the exceptional education, and 3 colleges and equavalents that provide teacher training services leading to certification with IIO annual graduates. However, curriculum for exceptional children should be rearranged and reconstructed. Conclusion; Only as for social welfare institutions in community, this country produced a succession of specific purpose activities, over period of time, that accumulated to form the present network of hundreds of social welfare organizations and facilities Periodically major efforts were launched to revitalize or to improve the help-giving system. But they lack specialization to be effective, and the nature of multi-purpose center tends to be vague for the classified handicapped. Therefore, there, should be linkage between policy maker and community services to maintain some coherenty in preventive care, treatment, and after cares. At last, the effects of the current concept "the exceptional child" involved with their families, and their neighborhood should be considered in view of the people who consist about 25% of the total population.

• Journal of the Korean Academy of Child and Adolescent Psychiatry
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• v.30 no.2
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• pp.57-65
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• 2019

Objectives: The aim of this study was to compare differences in perception and knowledge of child abuse and child disciplinary practices according to the history of child abuse victimization. Methods: A questionnaire survey on child abuse was conducted with 491 adults raising children. We compared the perception and knowledge of child abuse and child disciplinary practices between two groups of adults with and without a history of childhood abuse victimization. Results: The group with a history of childhood abuse had lower levels of knowledge of child abuse (F=6.990, p<0.01) and engaged in more negative disciplinary practices (F=5.974, p<0.05) than those without. However, no differences in the perception of child abuse were observed between the two groups. Conclusion: The results suggest that adults with a history of childhood abuse have lower levels of knowledge of child abuse and use more negative disciplinary practices in raising their children. This highlights the need to administer not only educational but also more direct hands-on interventions to vulnerable parents in order to foster healthy parenting and disciplinary practices.

• 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.

• 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.

• 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.

• Korean Journal of Human Ecology
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• v.14 no.2
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• pp.251-268
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• 2005

This study analyzes the amendment history of Educare Law of Infants and Children, the Equal Employment Opportunity Law, and Employment Insurance Law, and also examines the present status of the employer-supported child care service through secondary analysis of other policy studies. The three laws concerning employer-supported child care can be said to hold in itself two main concepts: employers' obligations to provide child care, and government's financial support and administrative management. In terms of the first concept, laws have been amended to enlarge the number of enterprises legally-responsible for child care service and to relieve the financial burden from them. In terms of the second, laws have been amended to gradually extend the magnitude of government's financial support and to establish the systematic administrative management. Approximately a half of the policy target enterprises, however, is not complying the laws. In addition, employer-supported child care centers are only occupying less than 1% of the whole child care market. Thus, this study evaluates the current employer-supported child care service system and suggests several principles for its improvement.

• 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.

• 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.