An Analysis of Child Abuse Laws in Korea

Despite many changes to the law in recent years, child abuse continues present significant social and legal challenges in Korea. Because the overwhelming majority of child abuse occurs within the home, it has been difficult for society to grapple with the proper balance between parental rights versus the right of children to live in a safe environment. Although child abuse has existed for centuries, its recognition and understanding by the medical and legal communities is a relatively recent phenomenon, and measures to lower the incidents of abuse varies greatly across countries. This paper seeks to analyze the development of laws designed to reduce the occurrence of child abuse from a domestic and international perspective. Part I introduces the current international definition of child abuse and its harmful effects, including an explanation of the Battered Child Syndrome (BCS), which explains the characteristics of children who have been exposed to repeated instances of abuse. Part II explains how BCS has raised public awareness of the serious plight of abused children, which has resulted in laws and protective agencies in the US, as well as the use of expert testimony in child abuse case and self-defense cases. Part III discusses the 1989 UN Convention on the Rights of the Child and its implementation in Korea through various legislative developments. Part IV reviews various articles of the Korea Criminal Code and suggests that certain provisions remain heavily influenced by traditional notions of Confucianism that are at odds with contemporary democratic principles. Part V analyzes several Korea Supreme Court and Constitutional Court cases that have focused on the parent-child relationship and demonstrate the judiciary's difficulty in reconciling traditional notions of filial piety while protecting equal protection regardless of one's hierarchical status within the family. Finally, Part VI suggests that Korea should continue to create and modify laws and policies that protect the rights of children to live free from abuse, eliminate statutory provisions that discriminate based on lineal heritage, and allow courts to consider BCS evidence in child abuse prosecutions, self-defense claims, and as a mitigating factor in sentencing.