Even with Physical and Verbal Abuse, Are Punishments for Child Abuse Too Lenient? A Review of Court Rulings

Although incidents of child abuse have been rising every year, offenders continue to receive what many consider a mere slap on the wrist. This is largely because most cases occur within the home, making evidence collection difficult, and because children often do not wish to see their parents prosecuted. Experts advise that the current punishment system needs to be restructured.
On the 20th, a review of 20 court rulings from the past year, searched using keywords such as 'child abuse' and 'violation of the Child Welfare Act,' revealed that only two cases (10%) resulted in prison sentences. The sentences ranged from one year to one year and six months, with the severity, nature, and repetition of the crime influencing the outcome. Fourteen cases (70%) resulted in suspended sentences, while four cases (20%) ended with fines.
Examining the characteristics of the offenders, nearly half were the actual guardians of the victim children, such as biological parents. Out of 20 perpetrators, eight (40%) were parents, and two (10%) were other family members, such as maternal grandfathers or uncles. While all offenders were charged with violating the Child Welfare Act (child abuse), in 10 cases (50%), the child victims expressed no intention to press charges. In two cases (10%), it was unclear from the court documents whether the victims wished to prosecute.
In cases where the abuse was not committed by parents, settlements were rarely reached. However, among the eight defendants who abused their own children, seven received statements from their children or spouses indicating they did not wish to press charges.
Even when prison sentences were not imposed, many offenses left lasting psychological trauma. In September, the Daegu District Court Sangju Branch sentenced defendant A to one year in prison, suspended for two years. He was found to have repeatedly committed indecent acts in front of his 5-, 10-, and 12-year-old children by pushing his wife. He shouted, 'Your mother had an affair,' and when his terrified children began to cry, he yelled at them to stop. Other parents threatened their children with sharp objects such as box cutters and kitchen knives.
There were also cases where children were repeatedly exposed to violence. In October, the Gimcheon Branch of Daegu District Court sentenced defendant B to one year and six months in prison for verbally abusing and assaulting his common-law partner’s 12-year-old child. He struck the victim’s face once, left leg six times, and left side twice while the child tried to intervene. The court criticized him, noting he had a prior conviction for child abuse resulting in a fine.
One reason for repeated lenient punishments is that many child victims express a desire not to see their abusers prosecuted. Child abuse is punishable by up to five years in prison or a fine of up to 50 million won, but collecting evidence for abuse that occurs at home is often challenging. Critics point out that children may feel pressured to maintain the family or fear retaliation, leading them to state they do not wish to press charges.
In fact, when child victims expressed no intention to prosecute, many offenders received suspended sentences or fines. In October, the Daegu District Court sentenced defendant C to eight months in prison, suspended for two years, for repeatedly assaulting and verbally abusing his wife in front of their 9- and 12-year-old children. The court acknowledged the seriousness of the crime but considered the fact that the victim’s spouse petitioned for leniency and the children did not wish to press charges.
Reports of child abuse have been steadily increasing. According to the '2024 Child Abuse Statistics' released by the Ministry of Health and Welfare, there were 50,242 reports of child abuse, marking a rise for the fifth consecutive year since 2020. Parents accounted for 84.1% of perpetrators, and 82.9% of abuse occurred within the home.
Experts stress the need for legislation that clearly defines the responsibilities of those involved, depending on the environment of the child victim. Kim Taeyeon, head attorney at Taeyeon Law Office, stated, 'If sentencing for child abuse crimes is made clear and detailed, it will reduce the number of cases where excessively light sentences delay the recovery of victims.'

jyseo@fnnews.com Seo Ji-yoon Reporter