ENGLISH
Child Abuse
Procedures for Reporting Child Abuse
Chart of Procedures for Reporting Child Abuse
<National Center for the Rights of the Child (NCRC)-What We Do-Child Protection-Childcare & Protection-Business Contents-How to Intervene in Child Abuse>
Reporting Cases of Child Abuse Reporting Child Abuse- Any person who discovers or suspects crimes of child abuse may report to theSpecial City, Metropolitan City, Metropolitan Autonomous City, Special Self-Governing Province,Si/Gun/Gu, or an investigation institution (Article 10, paragraph 1 of the Act on Special Cases Concerning the Punishment, Etc. of Child Abuse Crimes).
Persons Liable to Report- Any person below who discovers or suspects crimes of child abuse during their duties is liable to report to the Special City, Metropolitan City, Metropolitan Autonomous City, Special Self-Governing Province, Si/Gun/Gu, or an investigation institution (Article 10, paragraph 2 of the Act on Special Cases Concerning the Punishment, Etc. of Child Abuse Crimes).
· Head and officials of the National Center for the Rights of the Child (NCRC) and Foster Care Centers specified under Article 10-2 of the Child Welfare Act
· Head and officials of a child welfare facility (excluding the head and officials of the NCRC)
· Public official specializing in child welfare
· Head and officials of counseling centers for domestic violence and protective facilities for victims of domestic violence
· Head and officials of family support center
· Head and officials of support center for multi-cultural families
· Head and officials of public officials specializing in social welfare and social welfare facilities
· Supporting facilities for victims of sexually exploitation, etc. and the head and officials of counseling centers for victims of sexually exploitation
· Head and officials of counseling center for victims of sexual violence, protection institution for victims of sexual violence, and integrative support center for victims of sexual violence
· Crew members of 119
· Emergency medical technicians working in emergency medical institutions, etc.
· Childcare workers, such as the head and officials of comprehensive child-rearing center and director of childcare centers
· Head and officials of kindergartens
· Head and officials of specialized child protection institutions
· Head, medical officials, and medical technicians of medical institutions
· Head and officials of welfare facilities for children of disabilities who fulfill tasks of counseling, treatment, training, or nursing children with disabilities
· Head and officials of mental health welfare centers, mental health medical institutions, mental health facilities, and mental health rehabilitation centers
· Head and officials of youth facilities and youth organizations
· Head and officials of youth protective centers and youth rehabilitation centers
· Principle and teachers at school
· Head and officials of welfare institutions for single-parent families
· Operators, instructors, and employees of academies and trainers and employees of institutions
· Childcare service workers
· Integrative service support personnel for children in vulnerable social groups
· Head and officials of adoption agencies
- Upon receiving a report, Si/Do, Si/Gun/Gu, or an investigative agency shall promptly initiate the examination or investigation unless any justifiable ground exists otherwise (Article 10(4) of the Act on Special Cases Concerning the Punishment, Etc. of Child Abuse Crimes).
- Penalties for Violations
· If a person liable to report does not report a child abuse case without justifiable reasons, he/she shall be fined up to KRW 10 million (Article 63, paragraph 1, subparagraph 2 of the Act on Special Cases Concerning the Punishment, Etc. of Child Abuse Crimes).
No Disadvantages for Persons who Reported, Etc.- No person shall be subject to disadvantages for reporting crimes of child abuse, or other similar cases (Article 10-2 of the Act on Special Cases Concerning the Punishment, Etc. of Child Abuse Crimes).
Accusation of Persons Committing Child Abuse Persons Entitled to File a Complaint- Any person mentioned below may file a complaint on the assailant who committed child abuse (Article 10-4, paragraph 1 of the Act on Special Cases Concerning the Punishment, Etc. of Child Abuse Crimes).
· Victim of child abuse
· Legal representative of the victim of child abuse
· Relative of the victim of child abuse (If the victim’s legal representative committed child abuse or committed child abuse with the assailant)
※ An “Accusation or Filing a Complaint” refers to the person entitled to file a complaint notifying the investigation institution about the crime and expressing his/her intention for crime indictment (Korean Law Information Center, Search for Legal Terms).
- Suppose the victim of child abuse does not have a legal representative or relative to file a complaint. In this case, the prosecutor shall designate a person to file a complaint within 10 days after the interested person’s application (Article 10-4, paragraph 3 of the Act on Special Cases Concerning the Punishment, Etc. of Child Abuse Crimes).
Exclusion for Restriction of Accusation- According to the provision of Article 224 of the Criminal Procedure Act, a person shall not file a complaint against a lineal ascendant of the principal himself/herself or his/her spouse. However, for child abuse, a person may file a complaint against a lineal ascendant of the principal himself/herself or his/her spouse, regardless of the above stipulation (Article 10-4, paragraph 2 of the Act on Special Cases Concerning the Punishment, Etc. of Child Abuse Crimes).
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