Court Sentences to 8 Months Imprisonment with 2 Years Probation
A 50-year-old biological mother who left her middle school-aged son alone at home and remarried was sentenced to probation.
According to the legal community on the 2nd, the Seoul Central District Court Criminal Division 16 (Presiding Judge Lee Kyung-sun) sentenced A (51), who was indicted for violating the Child Welfare Act (child abandonment and neglect), to 8 months in prison with 2 years of probation.
A is accused of leaving her 14-year-old son B unattended in a villa in Gangnam-gu, Seoul. A lived alone with B, but after leaving home and remarrying in March last year, she neglected to raise her son except for occasionally visiting his residence to clean the house or give him pocket money.
A woman in her 50s who remarried after leaving her 14-year-old son unattended received a suspended sentence.
At that time, the son was found to be living in an inappropriate residential environment. The refrigerator contained spoiled food, mold, and insects, dog feces were left unattended, and garbage was piled up. B lived alone for about five months and managed his basic needs with the help of nearby church and school officials.
During the trial, A's side argued, "She regularly visited to clean and do laundry and gave money so he could eat," claiming that since the son was an adolescent, he was not subject to child abuse.
However, the court ruled guilty, stating that A did not fulfill her parental responsibilities. Based on the legislative intent of the Child Welfare Act, which stipulates the happiness and safety of children, A failed to fulfill her duties as a parent. The Child Welfare Act defines a child as under 18 years old.
The court stated, "The victim child complains of mental distress, but the defendant claims her actions are not criminal," and "Simply visiting the residence occasionally to clean and give pocket money cannot be considered as raising and providing basic protection."
However, the court took into account "that B was not very young and that A did not actively engage in abusive behavior" as reasons for sentencing.
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