'Attempted Child Abuse Homicide Offender' Mandatory Imprisonment... Revised Law Passed at State Council Meeting

A bill to impose a prison sentence without probation for attempted murder due to child abuse will soon be submitted to the National Assembly.

On the 9th, the Ministry of Justice announced that the partial amendment to the "Special Act on the Punishment of Child Abuse Crimes," which strengthens the response and punishment against child abusers and provides stronger protection for child victims, has passed the Cabinet meeting.

Previously, attempted murder of a child due to child abuse was punished as attempted murder, but the amendment newly establishes a provision to punish attempted "child abuse murder."

While attempted murder offenders could receive a suspended sentence (if the sentence is three years or less), the Ministry of Justice stated that if punished for attempted child abuse murder, a suspended sentence will not be possible and a prison sentence will be imposed.

Additionally, the amendment allows the victim child to be handed over to relatives or others who wish to protect the child for the emotional stability of the child victim. Previously, only "transfer to a protection facility" was possible to separate the victim child from the family, but with the passage of this amendment, transfer to relatives or others will be allowed.

To prevent any gaps in protecting the victim child, prosecutors will be able to request extension, cancellation, or modification of temporary measures during investigation. Even if the child abuser is fined through summary procedures rather than a guilty verdict, the amendment revises the legal basis to allow the imposition of completion orders for recidivism prevention.

The Ministry of Justice stated, "If the amendment passes the National Assembly, it is expected to strictly respond to serious child abuse crimes where guardians attempt to kill their children but fail due to the child's resistance, neglecting their responsibilities as guardians," and added, "With the strengthened effectiveness of protective measures such as emergency and temporary measures, the rights and interests of child victims can be further protected."