The National Human Rights Commission of Korea stated that it is desirable to delete the disciplinary right of parental authority stipulated in the Civil Law to protect the human rights of children.
Today (9th), the Human Rights Commission announced to the National Assembly and the Minister of Justice that it should delete Article 915 of the Civil Code, which regulates the disciplinary rights of parents, and prohibits all forms of corporal punishment against children.
Article 915 of the current Civil Law stipulates that "a parental authority may take necessary disciplinary action to protect or educate the child."
However, it has been pointed out that this provision can be used as a means of justifying the conduct of child abuse perpetrators as the basis for the claim that "it was disciplinary, not child abuse" in cases of child abuse by parents.
Accordingly, the 21st National Assembly proposed a total of four amendments to the Civil Law with the aim of removing disciplinary rights. After reviewing all five bills, including one amendment submitted to the Ministry of Justice, the Human Rights Commission decided
that it was necessary to stipulate in the Civil Law a new provision banning all forms of corporal punishment against children, along with the removal of the disciplinary right under Article 915 of the Civil Code
. This is to ensure that child abuse must be prevented and social awareness of corporal punishment must be improved.
In particular, the Human Rights Commission said that it is "not appropriate" that some civil law amendments proposed to the National Assembly did not remove the disciplinary right, but that the phrase'can provide necessary disciplinary instruction' is "not appropriate". It expressed the opinion that the preventive effect may be reduced."
The Human Rights Commission said, "Positive discipline is not a right in effect as a law, but a natural right and duty of a parental authority," and said, "Even if the phrase'necessary discipline' is not used, there will be no difficulty in exercising parental rights at an acceptable level according to social norms." Explained.
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