Mandatory Deliberation by 'Case Decision Committee' Centered on Field Experts Before Returning Abused Children to Families

Partial Amendment to the Enforcement Decree of the Child Welfare Act Approved at the Cabinet Meeting on the 22nd

[Asia Economy Reporter Kim Ji-hee] In the future, when attempting to return abused children to their families, it will be mandatory to have a review by a case decision committee composed mainly of field experts. If an abuser of a child fails to attend training at a specialized institution without a valid reason, a fine of up to 3 million KRW will be imposed.

The Ministry of Health and Welfare announced that the "Partial Amendment to the Enforcement Decree of the Child Welfare Act," which includes these provisions, was approved at the Cabinet meeting on the 22nd. This amendment stipulates the contents delegated by the Child Welfare Act amendment, which established legal grounds for setting up case decision committees in cities, provinces, and districts to strengthen the child protection system.

The revised enforcement decree is scheduled to take effect on the 30th of this month. First, the chairperson of the case decision committee will be a public official of grade 5 or higher belonging to the city, county, or district office (grade 4 or higher for cities and provinces), and the members will be composed mainly of field experts such as lawyers, doctors, police officers, and child welfare facility workers. Additionally, when protective measures under the Child Welfare Act are taken or terminated, or when a child subject to protection is to be returned to their family, a review by the case decision committee must be conducted.

When the governor of a city or province, or the mayor, county head, or district chief takes necessary measures related to adoption, it is stipulated that they must inform the biological parents or guardians who have the right to consent to the adoption about the support they can receive from the state and local governments.

Furthermore, to build and operate the integrated child information system, additional information delegated by presidential decree, beyond the information that can be collected, managed, and retained by law, has been stipulated. The basis for entrusting the Korea Social Security Information Service with the tasks related to system construction and operation has also been established.

Standards for imposing fines on child abusers who do not participate in counseling or education provided by child protection agencies without a valid reason have also been established. A fine of 1.5 million KRW will be imposed for the first violation, and 3 million KRW for the second or subsequent violations.

Kim Hyun-joo, Director of the Child Welfare Policy Division at the Ministry of Health and Welfare, stated, “Through the establishment of the case decision committee, it is expected that decisions on protective measures, which have a significant impact on a child’s life, will be reviewed professionally and timely, prioritizing family-type protection such as foster care and adoption.” She added, “Even when protective measures are terminated and the child returns to their original family, a substantial review is expected to confirm whether the child’s wishes have been checked and whether the return process has been properly followed.”