Child abuse (physical or emotional abuse, neglect): what is the statutory penalty?

Legal basis: Child Welfare Act, Articles 71(1)(2) and 17 / Act on Special Cases Concerning the Punishment of Child Abuse Crimes. Statutory penalty: Up to 5 years in prison or a fine of up to KRW 50 million.

Child abuse (physical or emotional abuse, neglect): how is the case usually handled?

Depending on the circumstances, it may be handled as follows: Detention considered, Formal trial (prison sentence requested), Suspension of indictment possible. Enter your circumstances in the calculator above to see which one applies.

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Child abuse (physical or emotional abuse, neglect): statutory penalty and likely requested sentence

The statutory penalty for Child abuse (physical or emotional abuse, neglect) and the likely handling of the case depending on your circumstances. The results are for reference only.

Statutory penalty: Up to 5 years in prison or a fine of up to KRW 50 million
Legal basis: Child Welfare Act, Articles 71(1)(2) and 17 / Act on Special Cases Concerning the Punishment of Child Abuse Crimes
Category: Violence · Child Welfare Act

Calculate with your own circumstances

How serious was the abuse?

Minor (a single instance of physical punishment or verbal abuse, etc.)Repeated, or the child was injuredSeriously injured, or repeated over a long time

Was a weapon or dangerous object used, or was it habitual?

NoYes

Child abuse history within the last 3 years

Also count cases that ended without punishment (suspension of indictment, referral as a child protection case, etc.).

times

Do you agree to receive counseling, education or treatment?

Do not agreeAgree

Answer all 4 questions and the estimate appears right away. (0/4)

What the handling steps mean

Detention considered · Detention (구속): being held in custody during the investigation and trial under a court warrant when there is a risk of fleeing or destroying evidence
Formal trial · Formal trial (구공판): the prosecutor asks the court for a trial, and you stand before a judge in a courtroom
Summary fine · Summary indictment (약식기소): a procedure in which a fine is set on the documents, without a trial in a courtroom
Suspension of indictment possible · Suspension of indictment (기소유예): the wrongdoing is recognized, but the prosecutor takes various circumstances into account and closes the case without sending it to trial
Referral to the Family Court possible · Domestic or juvenile protection case: instead of criminal punishment, the Family Court imposes protective dispositions such as counseling, a no-contact order or community service

Handling standards at a glance

Listed from heaviest to lightest. The actual decision depends on the results of the investigation and your circumstances.

Detention considered
Likely requested sentence
1 year 6 months in prison
If the offense is serious, detention is considered even for a single incident.
Formal trial (prison sentence requested)
Likely requested sentence
1 year 6 months or more in prison
Perpetrators of child abuse are, as a rule, sent to a formal trial.
Suspension of indictment possible
If the case is not serious and you agree to counseling, education or treatment, a conditional suspension of indictment or referral as a child protection case (protective disposition by the Family Court) is considered.

Notes

After a 2016 amendment, the maximum fine rose from KRW 30 million to KRW 50 million.
For perpetrators of child abuse, an order to attend lectures or complete a program is requested together with the sentence.
If a person caring for children, such as at a daycare center or school, commits the abuse, the penalty is increased by up to 1/2.
Detention requires a legal ground such as a risk of fleeing or destroying evidence, so many cases proceed without detention even when they meet this standard.

Frequently asked questions

Child abuse (physical or emotional abuse, neglect): what is the statutory penalty?: Legal basis: Child Welfare Act, Articles 71(1)(2) and 17 / Act on Special Cases Concerning the Punishment of Child Abuse Crimes. Statutory penalty: Up to 5 years in prison or a fine of up to KRW 50 million.
Child abuse (physical or emotional abuse, neglect): how is the case usually handled?: Depending on the circumstances, it may be handled as follows: Detention considered, Formal trial (prison sentence requested), Suspension of indictment possible. Enter your circumstances in the calculator above to see which one applies.

Other crimes in the same category

See the full list of crimes

This is only an estimate based on how investigative agencies usually handle cases. The actual decision and request depend on the facts of the case, such as a settlement, prior convictions and how the crime happened, and on the judgment of the prosecutor in charge; the final sentence is decided by the court. If you are about to be questioned, do not rely on this result alone and talk to a lawyer first.

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