"My Child, So What!"... Now Even the 'Love's Stick' Is Not Allowed Anymore

Government Strengthens Domestic Violence Response by Removing 'Parental Disciplinary Rights Clause' from Civil Law

[Asia Economy Reporter Baek Kyunghwan] The "disciplinary punishment of love" by parents toward their children is now legally prohibited. It will become possible to arrest perpetrators of domestic violence in flagrante delicto, and if offenders violate measures such as restraining orders, they may face imprisonment for up to three years or less, thereby strengthening the response to domestic violence.

The government recently raised the level of punishment for domestic violence, considering the overall social impact of such incidents. First, the disciplinary authority of parental rights was removed from the Civil Act. This measure was taken in response to criticism that it could lead to perceiving children as parental property or objects of discipline, providing a pretext for child abuse disguised as discipline.

In fact, on the 13th, the Cabinet passed the "Partial Amendment to the Civil Act." Article 915 of the Civil Act allowed parents with parental rights to administer necessary discipline to protect and educate their children. This provision had been maintained for 62 years since the Civil Act was enacted in 1958.

The disciplinary authority under the Civil Act was interpreted as methods and degrees socially acceptable for protecting and educating children. It did not include inflicting physical pain or mental suffering such as verbal abuse. However, Article 915’s disciplinary authority clause was often misunderstood as permitting parental punishment. Moreover, as awareness of children's human rights improved, this provision was criticized as an anachronistic relic.

In particular, corporal punishment for disciplinary purposes was not recognized as child abuse, and perpetrators even used it as a legal defense against abuse charges. Depending on the interpretation of disciplinary authority, parents who physically punished their children 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 was considered a mitigating factor under Article 915 of the Civil Act. This was why Korea was classified as a "corporal punishment-permitting country" internationally, despite the existence of laws banning corporal punishment of children in other countries.

Accordingly, in April, the "Legislative Improvement Committee for an Inclusive Family Culture" under the Ministry of Justice recommended deleting the disciplinary authority clause of Article 915 from 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 first deletes the disciplinary authority clause of Article 915. By removing the phrase "necessary discipline" toward children, it clearly prohibits corporal punishment of children. The unused clause regarding "entrusting to reform or correctional institutions" was also deleted.

In this regard, laws on punishment for domestic violence crimes and victim protection are also strengthened. Once the new law is enforced, police officers dispatched to domestic violence scenes will be able to arrest offenders in flagrante delicto according to the Criminal Procedure Act when starting investigations.

Under the amended law, police officers responding to domestic violence scenes can arrest offenders in flagrante delicto under the Criminal Procedure Act and must inform victims that they can request "victim protection orders" and "personal safety measures."

Violating temporary measures such as restraining orders can result in imprisonment for up to one year, fines up to 10 million won, or detention. Repeat offenders may face imprisonment for up to three years or fines up to 30 million won.

The scope of temporary restraining orders against victims now includes not only "specific places" but also "specific persons," such as victims or family members. Considering the possibility of recidivism during the exercise of child visitation rights, the victim protection order types now include "restriction of visitation rights," and the duration of victim protection orders has been extended to a maximum of one year, with the total disposition period extended to up to three years.

Additionally, crimes such as "residential intrusion and refusal to vacate" have been added to domestic violence offenses, and to correct offenders' behavior and prevent recidivism, counseling can be entrusted to counseling centers during the temporary measure stage. Furthermore, those convicted may be ordered to attend and complete courses, and failure to do so can result in criminal punishment.

A Ministry of Justice official stated, "We will continue to improve laws and systems to strictly respond to domestic violence crimes and ensure there are no gaps in punishment and victim protection."