Inspecting Child Abuse Case
Dispatch to the Scene
- The judicial police official or public official specializing in child abuse who received a report of a child abuse crime shall promptly rush to the scene (Former part of Article 11(1) of the Act on Special Cases Concerning the Punishment, Etc. of Child Abuse Crimes).
· The head of the investigation institution or mayor of a special city, metropolitan city, or special autonomic city (hereinafter referred to as “Mayors and Governors”) or the head of Si/Gun/Gu (head of an autonomous Gu) may request each other for accompanying one another. If there are no justifiable reasons to refuse the request, the head of the investigation institution or specialized child protection institution shall have the judicial police official or public official specializing in child abuse join the crime scene of child abuse (Latter Part of Article 11(1) of the Act on Special Cases Concerning the Punishment, Etc. of Child Abuse Crimes).
※ A “Crime of Child Abuse” refers to a guardian committing child abuse as specified under subparagraph 4 of Article 2 of the Act on Special Cases Concerning the Punishment, Etc. of Child Abuse Crimes (subparagraph 4 of Article 2 of the Act on Special Cases Concerning the Punishment, Etc. of Child Abuse Crimes).
※ The Criminal Procedure Act stipulates the inspection authority differently according to the judicial police officer and judicial police assistant. Suppose the judicial police officer (deputy assistant commissioner, senior superintendent, chief superintendent, and lieutenant) considers the accused guilty. In this case, the judicial police officer shall interrogate the accused and inspect the criminal information and evidence. The judicial police assistant (police sergeant, police corporal, and police constable) shall assist the investigation (refer to Article 197(1) and (2) of the Criminal Procedure Act).
· Where on-site dispatch has not been jointly performed, the head of an investigative agency, or Mayor, Governor, or Head of Si/Gun/Gu shall report the investigation result of the dispatch to each other (Article 11(7) of the Act on Special Cases Concerning the Punishment of Child Abuse Crimes).
Investigation
- The judicial police official or public official specializing in child abuse who received a report of a child abuse crime shall go to the reported crime scene, go to a place to protect the victim of child abuse, or interrogate or investigate the child abuse assailant and persons concerned (main text of Article 11(2) of the Act on Special Cases Concerning the Punishment, Etc. of Child Abuse Crimes).
· However, the public official specializing in child abuse shall investigate or interrogate the child abuse assailant and persons concerned within the scope necessary to protect the victim (proviso to Article 11(2) of the Act on Special Cases Concerning the Punishment, Etc. of Child Abuse Crimes).
· The judicial police official or public official specializing in child abuse shall take necessary measures for persons to make statements freely, such as investigating or interrogating the victim, person who reported the child abuse case, witnesses, etc. in a place where the child abuse assailant is not present (Article 11(5) of the Act on Special Cases Concerning the Punishment, Etc. of Child Abuse Crimes).
- The judicial police official, public official specializing in child abuse, or specialized child protection institution employee shall carry a certificate for the authority of entry or investigation and show it to the persons concerned (Article 11(4) of the Act on Special Cases Concerning the Punishment, Etc. of Child Abuse Crimes).
- When the judicial police official, public official specializing in child abuse, or specialized child protection institution employee fulfills their roles at the scene, no person shall interfere with his/her business, such as committing violence, threats, or refuse to cooperate in the on-site investigation (Article 11(6) of the Act on Special Cases Concerning the Punishment, Etc. of Child Abuse Crimes).
· Persons refusing to cooperate in the on-site investigation implemented by the judicial police official, public official specializing in child abuse, or specialized child protection institution employee without justifiable reasons shall be fined up to KRW 10 million (subparagraph 3 of Article 63(1) of the Act on Special Cases Concerning the Punishment, Etc. of Child Abuse Crimes).
Emergency and Protective Measures
Emergency Measures
- Suppose the judicial police official or public official specializing in child abuse went to the scene, discovered the child abuse crime site, or found the victim of child abuse in a place outside of the crime scene, and it is clear that the assailant will continue the abuse. In this case, the judicial police official or public official shall take the following measures (hereinafter referred to as “Emergency Measures”) to protect the victim, the victim’s siblings who are under the age of 18, and the victim’s housemates who are under the age of 18 (hereinafter referred to as “Victimized Children, etc.”) (Former part of Article 12(1) of the Act on Special Cases Concerning the Punishment, Etc. of Child Abuse Crimes).
1. Stop the assailant from committing child abuse
2. Separate the child abuse assailant from the victim
3. Guide the victim to protective facilities for abused children
※ For such cases, the interests of victimized children, etc. shall be prioritized when taking measures. Unless exceptional reasons require the protection of victimized children, etc., the decisions of victimized children, etc. shall be respected (Latter Part of Article 12(1) of the Act on Special Cases Concerning the Punishment, Etc. of Child Abuse Crimes).
4. Guide the victim in need of urgent treatment to medical institutions.
- Suppose the judicial police official or public official specializing in child abuse protects the victim by separating him/her from the assailant and guiding him/her to facilities or institutions according to paragraphs 3 and 4 above. In this case, the judicial police official or public official shall notify this fact to the mayor or governor, or the head of Si/Gun/Gu having jurisdiction over the protective facility or medical institution (Article 12(2) of the Act on Special Cases Concerning the Punishment, Etc. of Child Abuse Crimes).
- Emergency measures under paragraphs 2 to 4 above shall not exceed 72 hours. However, suppose a holiday or Saturday is included during the period. In this case, the period for emergency measures may be extended for up to 48 hours if deemed necessary to protect the victimized children, etc. (Article 12(3) of the Act on Special Cases Concerning the Punishment Etc. of Child Abuse Crimes).
Protective Measures
- Suppose the mayor, governor, or the head of Si/Gun/Gu discovers the child subject to protection in the jurisdiction or was requested by the child’s guardian. In this case, the following measures shall be taken to maximize the child’s benefits (Article 15(1) of the Child Welfare Act).
· Order the public official specializing in child abuse or childcare commissioner to counsel and guide the child or the child’s guardian
· Take the necessary measures for the guardian or relative intending surrogate rearing to protect and take care of the child at home
· Request foster care for a person intending to protect the child
· Place the child subject to protection in a suitable child welfare facility
· Hospitalize the child in a specialized hospital or nursing home if the child needs special treatment or nursing to receive treatment for the addiction of drugs or alcohol, mental, behavioral, and developmental disorders, victimized by sexual violence or child abuse, etc.
· Take necessary measures for adoption
- Family foster care
· The types of family foster care are as follows (Article 14(1) of the Enforcement Decree of the Child Welfare Act).
1. Specialized Foster Care and Protection: A foster care center specializing in protecting and childcare for children subject to special protection, such as victimized children or infants under the age of two
2. General Foster Care and Protection: Foster care centers that aim at protecting and nurturing children subject to protection not falling under paragraph 1
3. Temporary Foster Care and Protection: Foster care centers that are temporarily in charge to protect and nurture children subject to projection
· Persons intending surrogate rearing or foster care centers for children subject to protection shall apply to the competent mayor, governor, or head of Si/Gun/Gu for protection and childcare (Article 14(2) of the Enforcement Decree of the Child Welfare Act).
· According to the Ministry of Health and Welfare’s order, the mayor, governor, or head of Si/Gun/Gu receiving the application shall determine whether or not the child receives foster care services. Then, he/she shall promptly notify (including via electronic documents) the fact to the applicant, head of the childcare welfare facility (only if taking care of the child subject to protection), and the head of the foster care center (Article 14(3) of the Enforcement Decree of the Child Welfare Act).
· The mayor, governor, or the head of Si/Gun/Gu shall check for criminal records after obtaining the foster care service applicant’s approval (Article 15(9) of the Child Welfare Act).
· The head of the National Center for the Rights of the Child orthe head of the foster care center under Article 48 of the Child Welfare Actmay request the mayor, governor, or the head of Si/Gun/Gu to identify theentrusted child, foster care service applicant, or the entrusted child’sparents. Unless justifiable reasons exist, the mayor, governor, or head ofSi/Gun/Gu shall comply with the request (Article 15(10)of the Child Welfare Act and Article 21(1) ofthe Enforcement Decree of the Child Welfare Act).
- Protecting the Child in Child Welfare Facilities, Etc.
· To take protective measures under paragraph 1, the mayor, governor, or head of Si/Gun/Gu shall establish individual plans to protect and manage the child subject to protection, including the following measures. While establishing plans, the guardian of the child subject to protection may be requested for accompaniment (Article 15(4) of the Child Welfare Act).
1. Protective plansunder Article 15(1) of the Child Welfare Act
2. Plans to support the child and guardian
3. Other mattersdetermined under Article 11-2 of theEnforcement Rules of the Child Welfare Act
· To protect the child in child welfare facilities, etc., the mayor, governor, or head of Si/Gun/Gu shall respect the opinion of the child subject to protection and listen to the guardian’s stance, if present (main text of Article 15(5) of the Child Welfare Act).
- Temporary Protection
· For protective measures, the mayor, governor, or head of Si/Gun/Gu shall protect the child subject to protection in a temporary foster home, if necessary, or temporarily entrust a suitable person to protect the child. For the following cases, the child subject to protection shall be consulted, health examined, psychologically tested, and investigated for his/her home environment during the protection period. The results shall be considered during the protective measures (main text of Article 15(6) of the Child Welfare Act).
1. If a child was reported to have suffered abuse more than twice a year, strongly suspected of being abused during the on-site investigation, and could be abused again.
2. Until protectivemeasures under Article 15(1) of the Child WelfareAct are determined, if temporary measures under Article 12 of the Act onSpecial Cases Concerning the Punishment, Etc. of Child Abuse Crimes shall betaken for the child, or if temporary measures have not been requested underArticle 15 of the same Act, even though temporary emergency measures have beenterminated under Article 13 of the same Act
3. If the child’s guardian makes the child refuse or neglect to answer, makes the child falsely answer the question or interferes with the child from answering the question at the on-site investigation
4. Any other cases in which the mayor, governor, or head of Si/Gun/Gu deems necessary to temporarily protect the child until protective measures are taken under subparagraphs 3 to 6 of Article 15(1) of the Child Welfare Act
Temporary Measures and Urgent Temporary Measures for the Child Abuse Assailant
Temporary Measures
- Temporary Measures for Child Abuse Assailant
· If deemed necessary for smooth investigation, hearing the trial, or victim protection, the judge may determine the following measures (hereinafter referred to as “Temporary Measures”) be taken for the child abuse assailant (Article 19(1) of the Act on Special Cases Concerning the Punishment Etc. of Child Abuse Crimes)
1. Separating the victimized children, etc. or family members (implying family members under subparagraph 2 of Article 2 of the Act on Special Cases Concerning the Punishment, Etc. of Crimes of Domestic Violence) from home
2. Prohibiting access to victimized children, etc., the home of the family members, school, or protective facilities within 100 meters
3. Prohibiting access to victimized children, etc. or family members through telecommunications
4. Restriction or suspension of exercising parental rights or acting as a guardian
5. Entrusting the specialized child protection institution with consultation and education
6. Entrusting medical institutions or other nursing facilities
7. Imprisonment in the police office’s detention house/center
· Any child abuse assailant who failed to fulfill temporary measures under paragraphs 1 to 4 above shall be sentenced up to two years of imprisonment, fined up to KRW 20 million, or penalized with penal detention (subparagraph 1 of Article 59(1) of the Act on Special Cases Concerning the Punishment, Etc. of Child Abuse Crimes).
- Urgent Temporary Measures for Child Abuse Assailant
· Suppose the judicial police officer suspects that the child abuse crime will happen again even after the emergency measures were taken for victimized children, etc., and the situation is too urgent to wait for the court’s decision of temporary measures. In this case, the judicial police officer may take any measure under paragraphs 1 to 3 above (hereinafter referred to as “Urgent Temporary Measures”) by his/her official authority, or the application of the victimized children, etc., his/her legal representative (excluding the child abuse assailant), lawyer (lawyers specified under Article 16 of the Act on Special Cases Concerning the Punishment, Etc. of Child Abuse Crimes, and excluding those under Articles 48 and 49 of the same Act), mayor, governor, head of Si/Gun/Gu or the head of a specialized child protection institution (Article 13(1) of the Act on Special Cases Concerning the Punishment, Etc. of Child Abuse Crimes).
· If the judicial police officer refuses to fulfill urgent temporary measures without justifiable reasons, he/she shall be fined up to KRW 10 million (subparagraph 4 of Article 63(1) of the Act on Special Cases Concerning the Punishment, Etc. of Child Abuse Crimes).