When you are reported for child abuse

The time right after you learn of the report is when you can gather materials. Do the following before your memory fades.

• Write down what happened on the day in question in time order, including what the child did, what you said and did, and who else was there.
• If there is CCTV at the daycare centre or classroom, ask the institution to preserve it. It is deleted once the retention period passes.
• If you are a teacher, check what was reported to the school and the education office, and the procedure for the superintendent of education to submit an opinion.
• Record the dates of contact from the district office or police, the person in charge and the materials requested.

However wronged you feel, avoid explaining yourself directly to the parents or asking the child about that day again. You may be suspected of trying to change their account, and the case becomes more complicated by questions about the child's statement having been contaminated.

If it is a case involving a parent, do not criticise the person who reported it or blame the child in front of the child. Emergency or temporary measures may be imposed to protect the child, so if there are any, comply exactly with their scope.

A child abuse officer at the city, county or district office can require you to appear, make statements and submit materials to protect the child and assess the case, while the police investigate it as a criminal case. The two procedures have different purposes, but your statements will be compared, so you must give a consistent account of the same facts.

Child abuse (아동학대) can be established once there is a risk of harm to the child's health or normal development, and according to court rulings it is enough that the person was aware of that risk as a possibility (dolus eventualis). So rather than your intentions, be ready to explain specifically what you actually said and did, how often, and the context at the time.

Legitimate educational activities and student guidance by kindergarten, elementary, middle and high school teachers are not regarded as child abuse. If conduct during educational activities is reported, the superintendent of education with jurisdiction can give an opinion, and the police and prosecutor must file that opinion in the case record and take it into account.

Childcare workers and teachers are mandatory reporters, so if found guilty, their sentence can be increased by up to half, and even a fine alone is, as a rule, accompanied by an order restricting employment at child-related institutions. From the start, you need to respond with this in mind as well as the allegation itself.

When the police finish the investigation, they refer the case to a prosecutor and can give their view on whether it should be handled as a child protection case. If the prosecutor finds no grounds, they decide not to indict; even if there are grounds, considering the nature of the case, the relationship with the child, the potential for change and the wishes of the child's side, they can suspend the indictment on condition of counselling, treatment or education, or send the case to court as a child protection case (아동보호사건).

In a child protection case, protective dispositions such as restrictions on approach, restrictions on exercising parental authority, course orders or probation are imposed instead of criminal punishment. Which route the case takes makes a big difference to employment restrictions and professional consequences, so it is a good idea to make this point clear in a written opinion before referral.

At the consultation, we set out the reported scene and its context, and look with you at whether it can be explained as falling within legitimate guidance. We practise likely questions before questioning, attend the police questioning with you and submit a defense counsel's written opinion based on CCTV and records. If you have been summoned, contact us through the chat on this page.