About the penal terms for the child abuse in korean ‘Child Welfare Act’ and ‘special Act on Punishment of the Child Abuse’, this thesis highlights the illegal characteristics of the child abuse and argues the coverage of penal terms and the ne...
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https://www.riss.kr/link?id=A100500901
2015
Korean
아동학대 ; 정서적 학대 ; 방임행위 ; 명확성 원칙 ; 훈육 ; child abuse crime ; emotional abuse ; neglect act ; principle of clarity ; child discipline
KCI등재
학술저널
137-159(23쪽)
0
상세조회0
다운로드다국어 초록 (Multilingual Abstract)
About the penal terms for the child abuse in korean ‘Child Welfare Act’ and ‘special Act on Punishment of the Child Abuse’, this thesis highlights the illegal characteristics of the child abuse and argues the coverage of penal terms and the ne...
About the penal terms for the child abuse in korean ‘Child Welfare Act’ and ‘special Act on Punishment of the Child Abuse’, this thesis highlights the illegal characteristics of the child abuse and argues the coverage of penal terms and the necessity of punishment compared to the normal criminal factor. At first, about the punishment of emotional abuse, the conduct of emotional abuse in Child Welfare Act is for the protect of health, welfare and well-growth of child. So it should be treated with separate type of crime, because the emotional abuse and normal criminal abuse are different from the contents and dimension. This is also true for the physical abuse which is included the physical damage. But it is needed to improving the current regulations to more detailed forms to consistent with the principle of clarity. On the other hand, current criminal regulation for the neglect act does not have a legislative adequacy in terms of universality and abstractive omission. Child abuse commonly has a problem about distinction with the discipline conducted by parents or child care teacher. In this case, if we can recognize the damege of child victim definitely, then we should concede it as a child abuse crime in principle, but to restrain the excessive criminal intervention the introduction of regulation for the special terms of illegality exclusion like a Article 20(socially just acts) in korean Criminal Law can be discussed. In addition, to complement the problem caused by legislative-technical limitation of crime factors for child abuse, some institutional plan for the professional investigative procedures should be debated.
형사정책학회 창립 30주년 기념논문 : 한국형사정책학회 창립 전후 -회고와 전망
특집 1 : 의원발의 형사입법과 형사정책 ; 19대 국회 의원발의 형법개정안 검토 - 형법총칙과 각칙을 중심으로 -
특집 1 : 의원발의 형사입법과 형사정책 ; 의원발의 형사입법의 분석과 입법정책 개선방안 - 17대부터 19대 현재까지 의원발의 법안을 중심으로 -
특집 1 : 의원발의 형사입법과 형사정책 ; 의원발의 형사입법과 법제실의 역할