아동학대범죄의 개념과 처벌에 관한 법리적 검토

A theoretical study on the concept and punishment of child abuse crime

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.