정서적 학대의 의의 및 판단 기준

Article 17(5) of the Child Welfare Act, “emotionally abusive behavior that harms a child's mental health and development,” is somewhat abstract, although it does not violate the principle of clarity of Nulla poena sine lege. In response, the Constitutional Court and the Supreme Court have set forth general principles regarding the meaning of emotionally abusive behavior and the criteria for determining it, the trial courts have developed more specific criteria to reflect them, and the National Center for the Rights of the Child has provided examples of specific behaviors that constitute emotional abuse. Nevertheless, the general public and child abuse practitioners still have difficulty determining what constitutes emotional abuse. In order to increase the predictability of the application of the emotionally abusive behavior provisions and to facilitate the process of determining emotional abuse, it is necessary to consider amending the Child Welfare Act to add typical types of emotionally abusive behavior that occur frequently, such as ‘using harsh language, such as verbal abuse, swearing’ to the current Article 17(5) of the Child Welfare Act. In addition, guidelines that include more specific and detailed assessment factors, reflecting the latest research, should be developed and shared with child abuse practitioners, including child protection agencies, investigators, and courts, so that they can make quick and consistent assessments of emotional abuse.