아동학대 처벌규정에 관한 검토- 아동복지법을 중심으로 = A Review on the Provisions of Prohibiting Child Abuse

다국어 초록 (Multilingual Abstract)

Most of the provisions prohibiting child abuse under theArticle 17 of Child Welfare Act are ambiguous in terms of itscontent and scope and some of them are redundant andunnecessary.
In relation to other Acts, the provisions are not systematic,which causes problems with interpretations and applications ofthe Act. In particular, in consideration of the relationship betweenJuvenile Protection Act and Child Welfare Act, the prohibitedacts are redundant and unsystematic, and when there is a caseof child abuse under the Article 6 of Juvenile Protection Act,Child Welfare Act is not applied to the case but JuvenileProtection Act. And, when a case is subject to different Actssimultaneously - such as Criminal Law, Juvenile Protection Act,Act on Special Cases Concerning the Punishment, etc. of SexualCrimes, Act on the Protection of Children and Juveniles fromSexual Abuse, Act on Special Cases Concerning the Punishment,etc. of Crimes of Domestic Violence, etc. - it is not clear todecide whether the case is concurrence of provisions orconcurrence of conceptions.
The provisions on child abuse, which was established in 1961,should be amended in consideration of the changed social reality,criminological theories, and the relationships with other Actssuch as Juvenile Protection Act, etc., which were established andhave been in effect since the enactment of Child Welfare Act.
Most of the prohibited acts under the Article 17 of Child WelfareAct should be expurgated. It is desirable that cases currentlysubject to the provisions under the Article 17 be subject to Acton Special Cases Concerning the Punishment, etc. of ChildAbuse, which is newly enacted, taking into consideration thesystemicity of Child Welfare Act and Act on Special CasesConcerning the Punishment, etc. of Child Abuse.

참고문헌 (Reference)

1 이호중, "학대피해아동의 보호를 위한 법체계의 개선방향" 2013

2 정도희, "직장 내 성희롱피해 개념 및 형사처벌" 한국피해자학회 22 (22): 163-187, 2014

3 강동욱, "아동학대행위자와 그에 대한 조치에 관한 고찰" 한양법학회 (34) : 97-115, 2011

4 곽병선, "아동학대의 형사정책적 대응" 한국법학회 (31) : 427-453, 2008

5 이찬엽, "아동학대에 관한 형사법적 고찰" 법학연구소 (20) : 343-374, 2011

6 김혜경, "아동복지법상 금지규정의 형사법적 검토" 한국형사정책연구원 21 (21): 33-63, 2010