[Exclusive] 229 Cases of Non-Compliance with Correctional Orders by Child Abuse Offenders in 5 Years... Gaps in Post-Management of Repeat Abuse

Focus on Execution of Orders, Effectiveness Questioned
No Mechanisms to Assess Correctional Outcomes
Need for Post-Management and Evaluation System

A perpetrator of child abuse who was previously released on probation has ultimately been sentenced to serve prison time. In January last year, Mr. A was sentenced to one year and two months in prison, suspended for two years, along with 40 hours of mandatory therapy lectures and probation, for violating the Child Welfare Act (child abuse). However, Mr. A repeatedly refused to comply with probation requirements, including rejecting visits from probation officers and failing to submit counseling reports. The Pyeongtaek Branch of the Suwon District Court determined that these violations were serious and, in October this year, revoked the suspended sentence.

In the past five years, there have been 229 cases of sanctions imposed for non-compliance with probation or mandatory education orders among child abuse offenders. There are also concerns that there is no government-level management system in place to verify the effectiveness of correctional orders or monitor recidivism, highlighting the need to improve the system.

According to data obtained by The Asia Business Daily from the Ministry of Justice on December 17, sanctions for non-compliance with probation or mandatory education orders totaled 38 cases in 2021, 44 in 2022, 46 in 2023, 49 last year, and 52 cases from January to October this year. A Ministry of Justice official explained, "If probation or mandatory education orders are not fulfilled, the suspended sentence is automatically revoked, and for imprisonment sentences, conditional measures are lifted and the case is referred for investigation."

When the court finds a defendant guilty of child abuse, it can order up to 200 hours of mandatory education or probation. The intention is to correct problematic behavior by supervising and guiding the perpetrator within society, rather than incarcerating them. The Ministry of Justice operates mandatory education programs covering topics such as the realities of child abuse, parental roles, healthy discipline, and communication. However, this system focuses solely on the execution of the orders and does not include mechanisms to assess the effectiveness of correction after completion.

Sanctions for non-compliance with probation or mandatory education orders account for only a small portion of all child abuse cases. The number of probation and mandatory education orders issued to child abuse offenders was 1,835 and 1,657 in 2021; 2,497 and 2,387 in 2022; 2,389 and 2,149 in 2023; 2,351 and 2,157 last year; and 1,909 and 1,724 from January to October this year, respectively. Although thousands of such orders are issued each year, there are no indicators to show whether this has led to a reduction in repeat abuse.

The Ministry of Justice and the Ministry of Health and Welfare do not systematically track or manage recidivism after the completion of offender education or probation. Neither ministry keeps separate records or manages data on whether offenders are charged with similar crimes after their probation or education orders end. There are also no official statistics on the correlation between completion of counseling or education programs and the occurrence of repeat abuse.

Support for the recovery of child victims follows a similar pattern. The operating budgets for child protection agencies and shelters for abused children increased from 24.532 billion won and 6.957 billion won in 2021, respectively, to 45.901 billion won and 19.26 billion won next year. However, there are no statistics on the number of children diagnosed as needing psychological treatment or counseling among those determined to be repeat abuse victims, nor on the number who actually received such services. As a result, there is no basis for evaluating how effectively treatment and recovery support have been provided to the 3,000 to 4,000 children who are re-abused every year.

Experts point out that establishing a post-management and evaluation system must take priority in order to improve the effectiveness of these measures. Kim Jaeyoon, professor at Konkuk University Law School, stated, "An integrated database is needed to manage both compliance with probation and mandatory education orders and the occurrence of recidivism after completion. Although child abuse cases are increasing, there is currently no way to evaluate the effectiveness of probation or education orders, making it impossible to properly manage offenders."

Jang Kyungeun, professor in the Department of Child and Family Studies at Kyung Hee University, also emphasized, "Thousands of children are re-abused every year, but we cannot even determine who needs treatment or what support has actually been provided. This is a policy failure. If we are to manage cases of abused children, relevant statistics are absolutely necessary."

※ With the revision of the Civil Act, even parents no longer have the right to physically discipline children. Anyone who inflicts physical, emotional, or sexual abuse on a child can be sentenced to up to 10 years in prison. If you suspect child abuse, report it to 112. If you are experiencing difficulties with child care or support, consult with the Health and Welfare Counseling Center at 129.