Amendment to the Child Welfare Act Defines Emotional Abuse for Children Exposed to Domestic Violence
[Asia Economy Reporter Yoo Byung-don] A couple in their 20s who fought in front of their three-month-old baby has been booked by the police.
On the 27th, the Yangcheon Police Station in Seoul announced that they have booked and are investigating Mr. A (28) and his wife (29) on charges of violating the Child Welfare Act. The couple is accused of having a fight in their home in Yangcheon-gu at 10:24 p.m. on the 22nd, in front of their three-month-old daughter. During their argument, Mr. A became agitated, threw objects, and punched a window, causing a disturbance, which led a neighbor to report the incident to the police.
Police who arrived at the scene separated the wife and daughter from Mr. A and transported Mr. A to a nearby university hospital emergency room. Although Mr. A’s wife did not want to press charges for domestic violence, the police considered their three-month-old daughter as a victim and booked the couple under the newly established Child Welfare Act. A police official explained, “Whether the couple can actually be punished will depend on a detailed investigation and legal review.”
Acts of fighting in front of children have begun to be classified as child abuse. This is due to a legal provision that defines acts causing mental shock to children as emotional abuse.
According to the Ministry of Health and Welfare, the emotional abuse section of the Child Welfare Act was revised and has been in effect since June 22. Article 17, Paragraph 5, which defines emotional abuse, now includes the clause “including cases where a child is exposed to domestic violence.” Here, “domestic violence” refers to acts causing physical, mental, or property damage among family members.
There were similar cases even before the law was amended. In January this year, a couple in their 40s in Daegu who exposed their daughter to severe domestic violence was given a suspended sentence. The court ruled that the severe fighting in front of the child constituted “emotional abuse that harms mental health and development.”
Reports of child abuse have been increasing every year recently. According to the Ministry of Health and Welfare’s “Annual Child Abuse Report,” there were 53,932 child abuse reports in 2021, a 27.6% increase from the previous year. Among these, parents were the perpetrators in 31,486 cases, accounting for 83.7% of all child abuse cases.
The proportion of emotional abuse has also been steadily increasing each year. According to the “National Child Abuse Status Report,” emotional abuse cases numbered only 936 in 2012 but rose to 1,101 in 2013, 1,582 in 2014, 2,046 in 2015, 3,588 in 2016, 4,728 in 2017, 5,862 in 2018, and 7,622 in 2019. In 2020, the number reached 8,732, more than nine times the figure in 2012.
© The Asia Business Daily(www.asiae.co.kr). All rights reserved.



