The Supreme Court has ruled that a husband who took his children from a daycare center without the consent of his estranged wife, with whom he was undergoing divorce proceedings, is guilty of the crime of unlawful abduction of minors. The Supreme Court determined that even a biological father can face criminal punishment if he takes his children without permission while not having custody.
The Supreme Court's First Division, presided over by Justice Ma Yongju, announced on the 11th that it had upheld the lower court's ruling from June 12, which sentenced Mr. A to three months in prison for the unlawful abduction of minors. The crime of unlawful abduction of minors refers to placing a minor under one's own or another person's control, thereby infringing upon the normal protective relationship or the minor's state of freedom.
Mr. A was indicted on charges of deceiving a daycare teacher in Goyang, Gyeonggi Province, on April 11, 2022, by falsely claiming that he would take the children to see flowers with their mother, and then taking them away while he was separated from his wife, Ms. B, during their divorce proceedings. Mr. A was also accused of assaulting Ms. B in August 2021 after an argument over child custody.
The court of first instance stated, "It can be seen that Mr. A deceived the daycare teacher, who had been entrusted by the children's mother with the right to protect and care for the children," and added, "Given that Mr. A, as a non-custodial parent, proposed a specific amount for child support, it is difficult to recognize that he maintained the status of a joint custodian." The court sentenced him to six months in prison.
The appellate court regarded the act of taking both children as a single act in terms of social norms and reduced the sentence to three months in prison. However, it found no issue with the lower court's decision to impose a prison sentence. The Supreme Court also found no legal error in the lower court's judgment and dismissed Mr. A's final appeal.
© The Asia Business Daily(www.asiae.co.kr). All rights reserved.
