Ministry of Justice Enforces 'Special Act on the Punishment of Child Abuse Crimes'... Minimum Sentence of 7 Years Higher Than Murder
[Asia Economy Reporter Baek Kyunghwan] From now on, if a child abuse perpetrator kills a child, they will face the death penalty at maximum. Until now, the punishment was life imprisonment or imprisonment for more than 5 years, but due to the continuous occurrence of child abuse cases such as the Gumi girl death case and the Jeong-in case, it was determined that stricter punishment is necessary.
On the 16th, the Ministry of Justice announced that it will immediately enforce the "Special Act on the Punishment of Child Abuse Crimes," which newly establishes the crime of "child abuse homicide."
The essence of the child abuse homicide crime is that a person who kills a child after abusing them shall be punished by death, life imprisonment, or imprisonment for more than 7 years. Until now, when a person who committed child abuse caused the death of a child, the crime of child abuse causing death was applied, punishable by life imprisonment or imprisonment for more than 5 years.
However, as cases of abuse and death of children have occurred repeatedly, a new crime of "child abuse homicide" was created with a higher statutory minimum sentence than the murder crime under the Criminal Act (imprisonment for more than 5 years) to impose stricter punishment. The recent controversies over applying charges of child abuse causing death and murder in cases such as the Yongin nephew abuse death case and the Jeong-in case also influenced this decision. Initially, the National Assembly discussed increasing the sentences for crimes such as child abuse causing death, but the Legislative and Judiciary Committee shifted direction to establish the new crime of child abuse homicide, reflecting the same context.
In addition, the Ministry of Justice has made it mandatory to appoint public defenders and public assistants in child abuse crime cases. Especially, if the victim child is suspected of physical or mental disabilities or cannot appoint an assistant due to poverty or other reasons, the court’s appointment of a public assistant has been changed from a discretionary matter to a mandatory one. This is to realize the victim’s right to testify during investigation and trial stages and to strengthen the protection of the victim child’s rights throughout the trial process.
A Ministry of Justice official stated, "When a person who commits child abuse kills a child, considering the blameworthiness of the act, it is necessary to punish more severely than general murder." He added, "From now on, we will apply the child abuse homicide crime to impose aggravated punishment."
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