[Exclusive] Only 4.6% of Child Abuse Offenders Receive Prison Sentences [Child Abuse SOS]②

Low Sentencing Compared to Social Awareness
Suspended Sentences Even for Sexual Abuse and Attempted Murder

"The court takes into consideration as favorable circumstances the fact that the defendant admits to part of the facts and shows signs of remorse, as well as the fact that the defendant has no prior criminal record." (Seoul Central District Court, January 17, 2025)

"The child victim does not wish for the defendant to be punished, and the defendant acknowledges wrongdoing. If the defendant is incarcerated, it appears that the dependent family members would be placed in a difficult situation." (Daegu District Court, Andong Branch, January 21, 2025)

The above are excerpts from criminal verdicts on child abuse cases between January and April of this year. During this period, only 4.6% of family or relatives who stood trial in the first instance for child abuse received prison sentences. This is based on an analysis by Asia Economy of 64 verdicts retrieved from the Supreme Court's verdict search service using the keyword "child abuse," where the perpetrator (defendant) was a family member or relative of the child.

◆Most sentences are suspended or fines

The majority of perpetrators received suspended sentences or fines. Specifically, 75% (48 cases) were given suspended sentences, 18.7% (12 cases) were fined, 3.1% (2 cases) received prison terms of less than one year, and 1.5% (1 case) received a prison term of less than two years. In the three cases where actual prison terms were imposed, the charges included not only simple child abuse but also special assault against a spouse or charges such as drunk driving and dangerous driving resulting in injury, so the actual sentences for child abuse alone may be lower.

The Child Welfare Act stipulates imprisonment of up to five years or a fine of up to 50 million won for acts of child abuse, and up to ten years in prison or a fine of up to 100 million won for sexual abuse. In addition, the Act on Special Cases Concerning the Punishment of Child Abuse Crimes stipulates the death penalty, life imprisonment, or imprisonment of at least seven years for child abuse murder or manslaughter, and at least three years' imprisonment for serious injury caused by child abuse. Although the statutory penalties are severe, in practice, the courts impose much lighter sentences.

The Busan District Court, Western Branch, on January 23, sentenced a defendant indicted for violating the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (quasi-forcible molestation in a familial relationship) to two years and six months in prison, suspended for four years. The Daejeon District Court, Cheonan Branch, on February 10, sentenced a defendant to three years in prison, suspended for five years.

In the first case, the defendant molested his 13-year-old stepdaughter while she was sleeping in her room. In the second case, the defendant forcibly molested his six-year-old biological daughter while lying in bed with her. Both courts considered as favorable circumstances the fact that the defendants admitted to the crimes, and that both the spouse and the victim did not wish for the defendant to be punished.

The Suwon District Court, on January 9, sentenced a defendant indicted for attempted murder and violation of the Child Welfare Act (child abuse) to three years in prison, suspended for five years. The court found mitigating circumstances for the defendant, who attempted to die together with her daughter but failed, such as "not receiving support from her ex-husband after the divorce" and "the burden of child-rearing and depression."

◆Most abuse occurs at home, most perpetrators are male

The victims were boys (32), girls (30), and unknown (2). By age, there were 8 victims aged 10, 7 each aged 1 and 11, 6 aged 15, and 5 aged 8. The locations of abuse were at home (51 cases), on the street (11 cases), and unknown (2 cases).

There were more male perpetrators (49) than female (15). Specifically, there were 39 biological fathers, 14 biological mothers, 7 stepfathers, 1 stepmother, and 3 other relatives. By type of abuse and relationship to the victim, biological fathers were most often involved in multiple forms of abuse (14 cases) and physical abuse (13 cases), while biological mothers were most often involved in neglect or abandonment (9 cases).

The Gwangju District Court, Mokpo Branch, on January 22, sentenced a defendant indicted for special threats and other charges to a fine of 8 million won. He assaulted his 15-year-old son because the son was fighting with his older brother. On the same day, during a marital dispute, he threatened his wife and the victim child with a weapon.

The Cheongju District Court, on April 15, sentenced a defendant indicted for violating the Child Welfare Act to six months in prison, suspended for two years. He handed over his biological daughter to someone he met online without going through formal adoption procedures.

The reason for such lenient punishment is that the purpose of the Child Welfare Act is not punishment, but the realization of child welfare as a priority. Even if the parents are unfit, parental care is prioritized, and in reality, many children have nowhere to turn if their parents are imprisoned. However, as social awareness of child abuse as a serious crime is spreading, there are increasing calls to strengthen punishments.

Jang Youngsoo, professor at Korea University Law School, said, "It is difficult to increase sentences for child abuse because most perpetrators are parents. Depending on the situation, harsher punishment could make it even harder for children who must return to their families. However, in cases of child abuse by someone other than the parents, it is necessary to distinguish these from parental abuse and strengthen punishment."

※ The Civil Act has been amended so that even parents have no right to physically discipline their children, and those who inflict physical, emotional, or sexual abuse on children can be punished by up to ten years in prison. Anyone who suspects child abuse should report it to 112, and if you are having difficulty with child care or support, consult 129 (Health and Welfare Counseling Center).