공법분야 투고논문 : 허용되는 양육방식과 금지되는 아동학대의 기준 -폭력인식의 문화적 관점을 중심으로- = Ariticles : The standard between the allowable method of child rearing and the prohibited child abuse -On the basis of the cultural aspect about the violence-

다국어 초록 (Multilingual Abstract)

Today it is difficult to find unifying definition about child abuse, since people understand it differently in the era and by the cultural feature. Despite this the nations for instance America and Germany etc, regard child abuse as the prohibited action by the related act. However, if the cultural backgrounds which provide a basis for personal behavior are very diverse in modern society, child rearing methods would be very various. Considering the cultural diversities, what we can define as child abuse in the law? Furthermore how can the particular action be regarded as child abuse and where can we get its justification, if the assailants assert that their behavior to child is generally accepted child rearing method in their culture? Under the critical aspect, this paper examined how the cultural backgrounds interact with the legal systems and how the provisions related with the child abuse are interpreted and applied. In addition to it, it is examined that respecting cultural background in deciding child abuse is effective to protect child. To attain the goal, it is looked into how the cultural background influences on interpreting and applying the law related with child abuse in America and Germany. In Germany child abuse is decided by german law. In principle the cultural background of the assailants is not considered. On the other hand in America it is not clear whether in deciding child abuse the cultural background of their care givers should be considered or not. Strictly speaking, in the position in which the cultural background should be considered in deciding child abuse, the important culture is the assailants, not the children. Futhermore, in that position children are perceived as objects in abuse case, even though they are the most important subjects of the victims. Moreover, that position is not effective to prevent child abuse, because by it the decision of the child abuse depends on the motive and circumstance of the assailants, not on the objective injury to the children. For this reason, that position should be sublated.