• Korean Journal of Social Welfare
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• v.66 no.2
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• pp.31-49
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• 2014

The purpose of this study is to analyze precedents related with child abuse for protection of the rights of the child. There should be the law related with 'punishment for child abuse,' which is the grounds of punishment, to make a precedent in the law punishing for 'child abuse,' but there is the concept only for 'child abuse' in the Child Welfare Law, the fundamental law; therefore, for a direct judgment for punishment, only precedents of 'child abuse' related with loss of parental rights and judgements for criminal cases, civil cases and laws covering special cases have been made. For that reason, 'the special law related with punishment for child abuse cases' is desperately required (On last December 23, 2013, the special law related with punishment for child abuse cases passed the National Assembly). Hence, precedent analysis had performed by grouping precedent from 2000 to 2013 which were not judged as child abuse in trial but can be regarded as child abuse. When analyzing each precedent according to the contents of analysis and judgment by fact relevance in this study, problems which the current legislative system has were deducted through an implication of each case by diagnosing using diagraming after classifying lower instance terminated cases, which precedents of the Supreme Court and judgments sent to the Supreme Court were excluded, while excluding cases settled in the civil level and classifying analysis of civil case precedents which did not become a criminal case and completed as a civil case, analysis of criminal case precedents, classification of precedents of loss of the parental rights (regarding child abuse) and precedents of any other special laws. And compensatory tasks for special laws regarding punishment of child abuse were presented while suggesting compensatory tasks for the legislation regarding deducted problems.

• Journal of the Korea Society of Computer and Information
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• v.24 no.5
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• pp.171-177
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• 2019

In this paper, we analyze the current phenomenon of child abuse crimes based on the information gathered by the National Child Protection Agency. The purpose of this paper is to diagnose the seriousness of child abuse by biological parents based on the analyzed information and propose measures against it. Comprehensive and integrated measures are needed for child abuse committed by biological parents due to abuse concealment, continuity of damage, and inactive national intervention by considering punishment on attackers through national intervention, fundamental in-depth psychological counseling, therapeutic care, promoting recovery of victims, and ultimately continuous and regular management and monitoring as a long-terms measure. To do so, developing customized and individual educational programs and make them obligations can be first presented to identify child abuse in advance and build up preventive systems based on the principle of family preservation. In addition, problems should be addressed at a fundamental level by performing various and active therapeutic treatments such as psychological treatment, mental treatment, or drug treatment gradually and through phases for biological parents who commit child abuse and contributing to recovering the relationship. Furthermore, proper protection and treatment service should be provided to children victimized by abuse by extending professional children care facilities and adopting the professional family commission system as measures by separating family.

• Child Health Nursing Research
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• v.22 no.2
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• pp.145-152
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• 2016

Purpose: This study was designed to explore nursing students' knowledge, attitudes and intention to report cases of child abuse. Methods: A descriptive research design was used with a convenience sample of 202 nursing students. After explaining the purpose of the study, participants who signed the consent form were asked to complete a self-descriptive questionnaire, which included the Child Abuse Intension Scale (CARIS). Results: The number of correct answers for knowledge of child abuse and the law was 7.0 /13. The mean scores were, for attitude toward childrearing belief and discipline, $17.1{\pm}5.2$, for punishment and culpability of offender or victim, $24.6{\pm}4.1$, for professional responsibility, $30.5{\pm}5.1$, and for perceived behavioral control, $25.3{\pm}5.0$. The intended reporting behavior differed significantly by severity of abuse. Factors influencing the intention to report child abuse were attitude towards punishment of parents, professional responsibility, and perceived behavioral control ($R^2$=.133). Conclusion: On the basis of our finding, developing education programs to help nursing students detect child abuse and improve reporting rates is important. Thus, we suggests that nursing students be provided with educational protocol for detection and reporting of child abuse.

• Journal of the Korea Society of Computer and Information
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• v.27 no.7
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• pp.109-114
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• 2022

Recently, child abuse cases such as the "16-month death of adopted children" have occurred one after another in our society and have emerged as a serious social problem. Child abuse not only significantly violates children's human rights, but also leaves scars on the child's body and sometimes threatens their lives. As a result, laws related to child abuse have been revised several times and related systems have been reorganized to protect the affected children safely and grow healthy, but child abuse cases continue to occur. Therefore, it is urgent to come up with effective measures to prevent child abuse crimes and protect affected children. Therefore, this study examines the concept and related laws of child abuse, the current status of child abuse, and suggests countermeasures to effectively respond to child abuse compared to the US child abuse legislation and child protection system.

• Korean Journal of Social Welfare
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• v.68 no.2
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• pp.131-160
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• 2016

In this study, we analyzed determination of punishment of victimizers presented in sentencing(81 plaintiffs, 95 sentencing) for 55 cases involving child maltreatment fatalities between 2001 and 2015. The results showed that about 40% of main victimizers were imposed relatively minor punishment such as probation or imprisonment for less than 3 years. Judgments that deviated from lower limit comprised large proportion in connection with compliance with standards for statutory punishment and punishment determination. The elements of punishment determination, such as earnest rearing of child, psychological pain arising from death of child, sense of guilt, motivation that can be considered, were found to have a significant influence on mitigation of punishment although such elements could be judged differently, depending on perception or subjective tendency of judges towards child abuse. Even abetters in a position to prevent death of child were imposed minor punishment mostly by probation or monetary penalty. This study presented the need to reconsider the circumstances of punishment determination which has been conventionally mentioned in cases involving child maltreatment fatalities, such as first offender, accidental crime, person with parental rights, fosters, agreement with family of the deceased, etc. Moreover, this study suggested the need to reinforce child abuse prevention training for law enforcement officers and to revamp standards for determining punishment unique to the cases of child abuse in the future.

• The Journal of the Korea Contents Association
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• v.19 no.9
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• pp.629-636
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• 2019

In order to infer whether the Special Act on the Punishment of Child Abuse Crimes, etc. actually brought about a change in the social perception shared about child abuse in our society, we used big data to examine the change in the perception of child abuse by the public. This study selected 'child abuse' as the keyword and collected and analyzed. The results of this study are as follows. First, before the implementation of the Special Act in 2013, the words "china" are kindergarten, teacher, body, problem, reporting obligation and neglect compared to the following. After the implementation of the special law, daycare centers, incidents, eradication, campaigns, domestic violence and preventive education were newly introduced. Second, the interconnection of key words in the previous picture of 2013 shows that the left group focuses on measures to introduce to prevent child abuse while the right group consists of keyword intended to view child abuse in conjunction with domestic violence. They are still seen as a group of divorces, discipline, neglect and parental education, which they still perceive as a family problem. Since the implementation of the Special Act in 2013, it will be divided into four groups, and the top group will be highlighted by the keyword related to child abuse cases, part of suspected cases and awareness of child abuse. In addition, the Act on the Special Cases of Child Abuse and the Child Protection Agency clearly appear as a child protection system.

• The Korean Society of Law and Medicine
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• v.18 no.1
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• pp.143-169
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• 2017

The Act on Special Cases Concerning the Punishment, etc. of Child Abuse Crimes intends to encourage reporting and punishment of child abuse by using the concept of 'crime' in child abuse cases. Article 10 of the Act imposes duty to report child abuse on a number of different professions, including medical professionals. Currently, more than 80% of child abuse cases occur among family members and the detection rate of child abuse is as low as 0.5% in Korea. On the other hand, medical professionals can identify child abuse relatively clearly with specific medical opinions. Therefore, it is necessary that medical professions are informed of this duty and does not bear disincentive from reporting. This paper makes policy suggestions in this regard. First, it is necessary that medical students and medical professionals receive regular education about the obligation to report child abuse. Education should include details of the reporting duty, as well as the fact that there is legal obligation to report even if the child abuse is "suspicious", not certain. Second, it is imperative to establish and implement protective programs for medical professionals who report child abuse. The current law provides a rough framework for protection of people who report child abuse, but it is necessary to produce detailed guidelines that are applicable in the context of medical setting. Education for medical students and medical professionals should include the contents of these guidelines, so that they do not hesitate reporting because they fear the aftermath of reporting. Third, it is highly recommended that physicians use the national Baby/Infant Health Checkup Program as an opportunity to detect child abuse. In Korea, the Baby/Infant Health Checkup Program provides physicians to periodically monitor health condition of all babies and children until the age of 71 months. In order to utilize this program for early detection of child abuse, it is imperative that the bBaby/Infant Health Checkup Program is modified to involve child abuse experts and medical professionals who participate in the program are educated about child abuse.

• Korean Journal of Forensic Psychology
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• v.11 no.3
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• pp.287-307
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• 2020

Child sexual abuse (CSA), under the age of 13, has increased over the past ten years, but research on the perceptions of perpetrators and victims have mainly focused on sexual violence against adults. Differentiating the age of the perpetrator into child, adolescent, and adult, the present study examined differences in perceptions of perpetrators and victims of child sexual abuse. The study also investigated differences by the gender of respondents, and examined the effects of Sexual Violence Myths (SVM) and Authoritarian Personality on perceptions of child sexual abuse. A total of 210 people in their 20s to 60s evaluated the degree to perpetrator blaming, perpetrator punishment, victim responsibility, and pain of the victim, and responded to the SVM scale and Authoritarian Personality scale. The correlation analysis, one-way ANOVA, independent samples t-test, and mediation analysis were conducted. The difference in the perception of perpetrator punishment by the age of the perpetrator was significant, indicating that respondents thought that adolescent perpetrators should be more severely punished than child perpetrators. Male respondents compared to female respondents were more likely to attribute the responsibility of sexual assault to the victim, to accept sexual violence myths and to be authoritarian. Sexual Violence Myths mediated the effects of the gender of respondents on the perception of victim responsibility, and Authoritarian Personality moderated these mediation effects. Finally, the limitations and implications of the study were discussed.

• Korean Journal of Social Welfare
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• v.67 no.2
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• pp.113-136
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• 2015

This study is about criminal judgement of child abuse. The purpose of this study is to analyze contents and reasons for judgements about child abuse crime in detail especially focused on elements and contents of weighing of an offense and concurrent imposition and then to suggest alternatives for policies and law-enforcement for the prevention of that crime. The data were collected from 484 written judgements on 579 criminal defendants that were related to 'Violation of the Child Welfare Act' and were conducted by content analysis. The results are as follows. First, Only about 25% criminal defendants were guilty of violations of the Child Welfare Act were sentenced to imprisonment and the rest of them(about 75%) were merely sentenced to probation of imprisonment or fined. Second, Proportion of prison sentence or period of jail time have not been increased in spite of public indignation and upward of statutory punishment by legislation. Third, in the case of child sexual abuse, there are frequent cases in which concurrent imposition was not put, regardless of explicit statement in the related laws. Last, this study revealed that some mitigation factors of sentence that have been identical to crimes against adult have been applied to child abuse crime uncritically, for example agreement and regret and so on. On the basis of such results, this study proposed policy alternatives for prevention of the recurrence of child abuse, i.e. intrinsic standard of weighing of an offense, concurrent imposition to perpetrators of child abuse and so on.

• Journal of Digital Convergence
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• v.18 no.10
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• pp.59-80
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• 2020

The purpose of this study is to analyze the current problems with the recovery methods and support systems for harm caused by digital sexual assault, based on cases in the U.S., U.K., and Australia. The significance of this study is the implications on problem solving related to digital sexual assault based on the legislation and systems of advanced foreign nations. The analytical method behind this study is the investigation of research literature. The reference materials are from judicial precedents, comparative analysis on media data, experts' advisory conferences, study forums, foreign theses, and documents on law and policy. As shown by the results of this study, we need to examine digital sexual exploitation and seek countermeasures from the victim's perspective after comparing foreign cases to determine the best protections and support systems. As digital sexual content can spread indefinitely, we certainly recognize the inherent difference between digital sexual crimes and offline sexual crimes. Thus, each case needs to be professionally categorized and an appropriate punishment must be suggested that satisfies the victims' needs. Ultimately, this study is meaningful for suggesting preventive measures against digital sexual crimes.