Prosecutors Now Required to Seek Termination of Parental Rights in Attempted Child Abuse Homicide Cases

Enforcement Decree and Rules of the Child Abuse Punishment Act
to Take Effect on the 21st

From now on, prosecutors will be required to file for the termination of parental rights or the replacement of a guardian in cases of attempted child abuse homicide.

The Ministry of Justice announced on June 20 that the amended Act on Special Cases Concerning the Punishment of Child Abuse Crimes, along with its enforcement decree and rules, will take effect on June 21.

According to the amended law, if a person who attempts to commit child abuse homicide is the legal guardian or parent of the victim, the prosecutor is required to petition the court to terminate or change that status. Parental rights may be terminated if there is abuse of parental authority, significant misconduct, or other serious reasons that make it impossible for the parent to exercise their rights; such petitions may be filed by relatives or prosecutors and are decided by the court.

Additionally, a new provision allows for the placement of the child not only in protective facilities but also with relatives or other persons with ties to the child when separation from the family is necessary. Furthermore, orders to complete child abuse treatment programs can now be imposed not only when a guilty verdict is delivered but also when a summary order is issued. The amended law also extends the mandatory reporting of child abuse to staff at alternative educational institutions, in the same way as it applies to school staff and private academy operators.

The authority to request the extension, cancellation, or modification of temporary measures, which was previously limited to judges, has now been granted to prosecutors as well, enabling timely action. Prosecutors have also been given the right to request protective orders for child victims, allowing them to proactively address any gaps in child protection. The Ministry of Justice stated, "We expect the amended law to help eliminate blind spots in child abuse prevention and to ensure the prompt protection of child victims," adding, "We will make every effort to ensure there are no loopholes in the child abuse response system."