아동복지법상 아동학대에 관한 법적과제

Legal Issues on Child Abuse in the Child Welfare Act

In compliance with the changing of Child Welfare Act of in 2000 year, the legal basis of social intervention about a child abuse was prepared, and, with the continued amendments of the Act, there were many changes to our country child abuse prevention and intervention. But when sees in point of the basic principle on the right and protective of child, the Act role is insufficient in the intervention of prevention and discovery of child and the protective necessity etc. It is follows to propose the desirable legal subject as a matter of child abuse problem. First, it is needed to constitute the child abuse prevention act for clearing & materializing the concept of abuse to judge and report child abuse and disposing a child abuse problem in speciality & systematic. Second, in order to activate the report of child abuse levies a report duty in the report obligator and also the provision on the concrete process which follows hereupon and exemption from responsibility is necessary. Third, in the case which will take a protective custody to the abused child, the legal system must be prepared for the possibility on the pre or anti judicial intervention. And the legal provision which will be able to protect temporarily until taking a protective custody without the will of the cruelty protector must be prepared. Forth, it is needed to amendment the requisition on the adjudication of loss of parental authority, and if the degree where the cruelty act is serious, the design of the system which is able to limit the recovery of lost of parental authority is necessary. In the last, the introduction of the compulsion provision which a cruelty obligatorily participates to a service program to prevent from occurring child abuse is needed.