아동학대처벌법을 적용한 어린이집 아동학대 사건에 관한 판례 분석 및 시사점

For the recent 5 years, the trends showed that the child abuses by parents was declined while that by child care teachers and principals, employees in child welfare institution was increased. In particular, significant increase of child abuses by child care teachers and principals should be paid attention more than the abuse by the others. The government had already enacted the Act on Punishment against Child Abuses in 2014 to respond and prevent from child abuses strongly. However, as the cases of child abuses continued, questions were raised on the effectiveness of the regulation or whether the court performed well to play a role to punish the assailants of child abuses by amended regulations was suspected. This study is aimed to review the application cases of the Act on Punishment against Child Abuses through the precedents of child abuses in child care centers and to analyze how the punishments to assailants have been changed compared to application of Child Welfare Act. This study has the meaning to grasp the incompleteness of legal application on the child abuse cases and provide the basic data to improve the legal and system.