유아교육기관 아동학대 판례의 현황 및 법적 책임 분석

This study analyzed legal precedents and liability in cases of child abuse in early childhood educational institutions aiming to provide basic information to teachers and staff to prevent child abuse. 31 child abuse precedents from the 2008-2017 decade, of which defendants were early childhood educational institution workers, were analyzed. The results were as follows. First, child abuse cases appeared most frequently in 2015 and then decreased. Physical abuse and multi-type abuse were the most frequent types of child abuse. 29 out of the 31 cases occurred in day care centers, and teachers were the most common assailants. Second, in those precedents, 4 types of abuse appeared; physical abuse, sexual abuse, emotional abuse, and multi-type abuse. The sentenced sanctions included fines, imprisonment, treatment/education program, or community service. ‘Child Welfare Law’, ‘Act on Special Cases Concerning Child Abuse’, and ‘Criminal Law’ were the basis for legal liability. The most severe punishment was sentenced after considering all of the laws. Various exemptions to child abuse were appeared in the precedents when a defendant was found not guilty. The results of this study suggest that teachers in early childhood educational institutions should have sensitivity on child abuse and protect children’s right by reporting child abuse and that early childhood educational institutions should consider the causes of exemptions as a basic rule to follow.