2021.01.07 10:17
In the wake of the widely publicized Jeong‑in child‑abuse case, the National Assembly rushed forward with more than a dozen bills proposing stiffer penalties and mandatory immediate separation of children after two abuse reports. Kim Ye‑won, a public‑interest lawyer who has worked with child and youth victims, cautions that many of these measures—some of which mirror amendments already passed—are politically popular but could do more harm than good if enacted without careful design.
Kim’s core concern is that raising statutory maximums or especially minimum sentences changes how prosecutors and judges handle cases: higher potential penalties increase the evidentiary bar for conviction, encouraging prosecutors to decline to indict weakly evidenced cases and prompting judges to demand stronger proof, which can result in more dismissals or acquittals. She points to recent experience in cases of sexual violence against people with disabilities, where tougher penalties coincided with reduced prosecution rates, and warns that heavier punishment regimes also prolong and intensify trauma for victims through repeated, invasive questioning. She also flags mandatory “immediate separation” policies as problematic—both because some versions are redundant with recent law changes and because blunt removal rules can have unintended consequences for children and families.
Rather than headline-grabbing sentencing hikes, Kim recommends targeted, practitioner‑informed reforms: revise and strengthen judicial sentencing guidelines (양형 기준) so courts impose appropriate punishments in practice; invest in investigative capacity, evidence collection, and victim‑centered procedures to secure convictions without retraumatizing victims; and design statutory changes in consultation with front‑line child‑welfare and legal professionals. Her message is a cautionary one: symbolic or politically reactive bills risk nullifying public attention and may fail victims unless lawmakers focus on effective, evidence‑based fixes.
Original source: [인터뷰] 학대아동 지원 변호사 “이런 법안이면 정인이 얼굴 공개된 값어치 없다” (Source: the news outlet; please refer to the original article.)
