훈육행위로 인한 아동학대사건 판례에 대한 고찰

The aim of this study was two-fold to understand the extent to which the discipline practices of children’s guardians are mitigating factors when guardians are sentenced in trial; and whether the punishment criteria are appropriate for perpetrators who appeal that their abusive behaviors were to discipline their children. This study found that most of the cases related to discipline practices that ended in the sentencing of a parent were cases that involved the death of a child; however, most cases related to discipline practices that ended in the sentencing of a child care worker were cases that involved minor injuries and assaults. These findings suggest that minor injuries and assaults by parents do not get sentenced in trials. The results also explain why child abuse at home is repeated and confirm the importance of active court punishment and penal sanction against child abuse. On the contrary, sentences for child care workers in child abuse cases have confirmed that physical punishment is not considered a disciplinary practice. These results highlight the importance of identifying the criteria of disciplinary practices at home and setting standards of discipline practices to be considered as part of the penal sanction in the criminal system. In addition, this study proposed that the government should provide an index of discipline practices for child care workers and that the Special Act for the Punishment against Child Abuse should adopt regulations against child abuse from discipline practices.