[Asia Economy Reporter Baek Kyunghwan] A bill to delete the disciplinary authority of guardians from the Civil Act has passed the Cabinet meeting. This measure was taken in response to criticism that the provision could lead to perceiving children as the property or subjects of discipline by parents, and could serve as a pretext for child abuse disguised as discipline.
According to the Office for Government Policy Coordination on the 13th, the "Partial Amendment to the Civil Act" containing this provision was passed at the Cabinet meeting presided over by Prime Minister Chung Sye-kyun that morning. Article 915 of the Civil Act allows guardians to impose necessary discipline to protect and educate their children. This provision has been maintained for 62 years since the Civil Act was enacted in 1958.
The disciplinary authority under the Civil Act is interpreted as methods and degrees socially acceptable for protecting and educating children. It does not include inflicting physical pain or mental suffering such as verbal abuse. However, Article 915’s disciplinary authority clause has been misunderstood as permitting parental punishment. Moreover, as awareness of children's rights has improved, this provision has been criticized as an anachronistic relic.
In particular, corporal punishment for disciplinary purposes was not recognized as child abuse, and perpetrators have used it as a legal defense against abuse charges. Depending on the interpretation of disciplinary authority, guardians who physically punish children have sometimes received reduced sentences or acquittals, effectively serving as a "get-out-of-jail-free card." While inflicting physical or mental pain on children is punishable under the Child Welfare Act and other laws, parental corporal punishment has been considered a mitigating factor under Article 915 of the Civil Act. This was also why Korea was classified as a "country permitting corporal punishment" despite international laws banning corporal punishment of children.
Accordingly, in April, the "Legislative Improvement Committee for Inclusive Family Culture" under the Ministry of Justice recommended deleting the disciplinary authority clause in Article 915 of the Civil Act. The Ministry of Justice accepted this recommendation, announced the partial amendment to the Civil Act for public comment in August, and underwent review by the Office of Legislation and the Vice Ministerial Meeting.
The amendment deletes the disciplinary authority clause in Article 915. By removing the phrase "necessary discipline" regarding children, it clarifies that corporal punishment of children is prohibited. The provision on "entrusting to reform or correctional institutions," which was not being utilized, was also deleted.
The amendment passed at the Cabinet meeting is expected to be submitted to the National Assembly as early as the 16th, where it will undergo review by the Legislation and Judiciary Committee and be put to a plenary session vote. Since there is little likelihood of disagreement between ruling and opposition parties, it is expected to pass smoothly. After passing the National Assembly, the amendment will be sent back to the government for Cabinet approval and then implemented.
Meanwhile, the government plans to publicize the abolition of disciplinary authority and its effects to spread awareness among parents about the prohibition of corporal punishment of children. A task force composed of experts will be formed to consider treating child abuse cases as serious crimes and imposing heavier penalties. The Ministry of Justice will also review the appropriateness of punishment regulations for child abuse offenders and consider improvements to sentencing guidelines.
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