2021.02.13 17:00
Kim Yewon, a long-time child abuse advocate and head of the Disability Rights Law Center who has been active on issues related to the so-called ‘Jeongin Act,’ publicly argued for creating a distinct crime of ‘child abuse homicide’ under Korea’s Child Abuse Punishment Act. In a social media post on the 10th, she said cases where a perpetrator’s recklessness could foreseeably lead to a child’s death should be prosecuted more severely, stressing that abused children — who are effectively unable to defend themselves — warrant tougher penalties than ordinary homicide charges may deliver.
Kim emphasized that proving specific intent to kill in most child abuse cases is often difficult, and bluntly raising minimum sentences for existing categories like ‘death by child abuse’ could prolong legal pain for victims and their families. Instead, she proposed introducing a legal category that covers cases with recklessness or dolus eventualis where death was a foreseeable outcome, allowing the justice system to pursue harsher punishment in the relatively rare but most egregious instances.
She also noted gaps in current sentencing guidance: only serious injury and fatality under the Child Abuse Punishment Act have clear sentencing standards. Kim urged the Supreme Court’s Sentencing Commission to create dedicated sentencing guidelines for crimes under the Child Welfare Act and child abuse offenses to ensure consistent, appropriate penalties and stronger protection for vulnerable children.
Original source: 김예원 변호사 “아동학대살해죄 신설이 필요합니다” – 머니투데이 (Source: the news outlet; please refer to the original article.)
