RULING ON CHILD ABUSE CASE

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The prosecution decided to suspend indictment on a mother accused of child abuse. She allegedly hit her 12-year-old son with a bamboo stick. But the Constitutional Court ruled that her action was not child abuse and that the prosecution should rescind its decision.

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Last June, a woman made her 12-year-old son stop his lesson when he didn’t focus on the online class. Her son then hit her in the arm and stomach and even cussed at her. She was compelled to take the 40-centimeter-long bamboo stick chosen by the family as a disciplinary tool and hit him once on the foot and once on the back.

[Soundbite] Jo Ki-hyeon(Mother’s Attorney) : "It wasn’t a forceful, threatening action, but a disciplinary rule decided among family members."

A neighbor reported her to the police for child abuse and the prosecution decided to suspend indictment for the mother. The decision means the allegation of child abuse is recognized, but not to the degree of deserving punishment. The mother, claiming innocence, filed for a constitutional petition to rescind the prosecution’s decision. The Constitutional Court accepted her petition. The court said in order to determine the presence of child abuse, various factors such as the cause and severity of physical punishment, the perpetrator’s attitude right after the act, the child’s reaction and family circumstances should be considered. The court added that the mother gave light punishment to teach the boy a lesson and reconciled with him immediately afterwards while crying and holding him. Moreover, the son doesn’t want his mother to be punished. The mother had taken good care of her family. It was not abuse but a disciplinary action that does not go against the social norm. The court noted that the suspension of indictment was an arbitrary execution of prosecutorial authority. The parents’ right to discipline their children was abolished from the Civil Code after some 60 years when it was amended in January. The latest decision was made on the incident that occurred before the Civil Code amendment, but it is likely to support the argument that articles about rightful disciplinary actions by parents should be added to the law.