Submission of 'Sentencing Guidelines Improvement Proposal' to the Supreme Court Sentencing Commission
On the 13th, the day of the first trial for the adoptive parents accused of abusing and causing the death of their 16-month-old adopted daughter, Jeong-in, citizens held a protest in front of the Seoul Yangcheon-gu Southern District Court. [Image source=Yonhap News]
[Asia Economy Reporter Lee Chun-hee] The Ministry of Health and Welfare, the main government agency responsible for child-related policies, has proposed strictly applying suspended sentences to strengthen the punishment of child abuse crimes and not reducing sentences even if the victim does not wish for punishment.
On the 21st, the Ministry of Health and Welfare announced that it submitted a "Proposal for Improvement of Sentencing Guidelines for Child Abuse Crimes" based on these contents to the Supreme Court Sentencing Commission. Minister Kwon Deok-cheol of the Ministry of Health and Welfare met with Kim Young-ran, Chairperson of the Sentencing Commission, on the same day to share awareness of the need to eradicate child abuse.
This meeting took place amid ongoing criticism that the punishment level for child abuse crimes has been low. From January 2016 to September last year, out of 2,391 child abuse crime cases, 1,069 cases (44.7%) received suspended sentences. This figure is about 2 to 3 times higher than the 382 cases (16%) that received actual prison sentences.
The proposal submitted by the Ministry of Health and Welfare includes discussions from the "Task Force (TF) for Strengthening Punishment of Child Abuse Perpetrators," which was formed according to the "Measures to Prevent Child and Youth Abuse" announced in July last year. The TF includes participants from the Ministry of Justice, National Police Agency, legal experts, and child-related experts.
The TF proposed these improvements considering the special characteristics of child abuse crimes, such as the fact that the perpetrator is the child's guardian and the victim's low ability to defend themselves.
On the 21st, Kwon Deok-cheol, Minister of Health and Welfare, met with Kim Young-ran, Chairperson of the Supreme Court Sentencing Commission, to submit the "Proposal for Improvement of Sentencing Guidelines for Child Abuse Crimes." (Provided by the Ministry of Health and Welfare)
The improvement plan includes requests to establish sentencing guidelines for various types of child abuse crimes such as bodily injury under the Criminal Act committed by guardians or to create a separate "child abuse crime category." Currently, sentencing guidelines exist only for child abuse homicide, serious injury, physical and emotional abuse prohibited under the Child Welfare Act, and abandonment or neglect.
It also proposed applying specific aggravating factors when the perpetrator of physical or emotional abuse under the Child Welfare Act is a guardian or when the victim is a preschool child under six years old.
Additionally, it suggested that reasons usually considered as mitigating factors, such as "non-punishment request," should not be applied in child abuse crimes. A non-punishment request refers to when the victim expresses a desire not to punish the defendant, but in child abuse crimes, there is a possibility that the victim child is coerced by the abuser or relatives.
Furthermore, it proposed strictly applying the reasons for deciding suspended sentences in child abuse crimes. Generally, suspended sentences may be considered if the defendant's detention would cause family difficulties, but child abuse offenders are highly likely to commit re-abuse crimes after returning home on suspended sentences. Therefore, it requested that suspended sentences be considered only in cases of extreme hardship not resolved by social welfare systems.
Minister Kwon Deok-cheol of the Ministry of Health and Welfare said, "We seriously accept the public opinion demanding stronger punishment for abusers," and added, "We request the judiciary's active review so that the perception that child abuse is absolutely unacceptable in our society can take root through punishments commensurate with the seriousness of child abuse crimes."
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