In September 2019, a baby girl from Gunpo, Gyeonggi Province, who was born 3 months old, visited a local hospital.

11 parts including the skull and ribs were broken, as well as symptoms of cerebral hemorrhage, arthritis, and hypoglycemia.

Suspected abuse was reported, and the medical staff nailed it to the medical certificate as'physical abuse'.



"It's not about a few weeks of translocation, but I almost died. When I visited the hospital, there were almost no broken parts. The hepatitis level was very high. Even if I starved for a long time, it goes like this. Even if I'm right. It would have been 100% dead if not separated."

(Kisoo Bae | Professor, Department of Pediatrics, Ajou University Hospital)


The police, who investigated the mother on suspicion of child abuse, serious injury, sent it to a child protection case for the purpose of rehabilitation rather than criminal punishment in March last year, but the prosecution ordered the investigation again.

Eventually, my mother was sent for a criminal case three months later, and was arrested on the 14th, one year and four months later.



▶ [Exclusive] "3 months old baby's whole body fracture"…

Report suspicion of abuse at each hospital


▶ [Exclusive] "Bone-broken unusual constitution"…

Reinvestigation of mother arrested


▶ "Bone damage time is different"...

After receiving separation treatment,'blinking'


▶ Although we took separate measures...

'Neglect' if you claim parental rights to your father



● "a rare constitution that breaks bones well"…

The police,

who

emphasized'remediation' to deny abuse,

say that it was done inside the family, lacking conclusive evidence, and denied the allegations that the child's parents had never been beaten, and that they suffered difficulties because they did not cooperate with the investigation.

Parents of the child argued that "the child is a rare constitution in which bones are easily broken" or "the side effect of the vaccination in the hospital seems to have swollen legs."



Of course, it is commendable that the police immediately separated the child from the parents after taking the medical staff's opinion of what appears to be'physical abuse'.

However, because there is no conclusive evidence to prove abuse by the child's parents, they do not apply for a separate arrest warrant, or criminal penalties are not imposed for saying that "education, rehabilitation, and return to the original family are more important than punishment for parents." The point that I tried to send as a case is a judgment that remains somewhat regrettable.



Lawyers specializing in children and prosecutors who dealt with the case point out that "if the abusive parent confesses and reflects on himself, it is sent to a child protection case for education."

It is difficult to contend whether or not the child is abused in Family Court, so if the child is seriously injured or if the parent denies the crime, it is appropriate to hand it over to criminal court.

Criminal punishment by parents can affect the child's return to home, so a detailed judgment is required depending on the degree of abuse.



Immediately after the first report on the 19th, the police issued a statement and said that there was no problem, saying, "We coordinated with the prosecution to investigate further and finally sent it as a criminal case."

However, it is pointed out that without the prosecution's command of a re-investigation, no criminal punishment would have been imposed on the parents even though the 3-month-old baby was broken and injured.

The importance of the police investigation in the early days of the child abuse case is being emphasized with the adjustment of the right to investigate and the case of Jung In-i, and it is a point to look back on whether the emphasis is on'return to the original family'.

"There is a logical contradiction in order to give education and counseling orders to a person who is quarreling with'I never did that' even though they must admit their sins and show that they will change."

(Shin Soo-kyung Lawyer | Minbyun Children's Committee)



● Abused parents who speak well, victims of

unspeakable children In many cases of abuse of children, the statements of parents who are suspected of being abused are more influential than the victims of abuse.

This is especially the case when a child is young and unable to properly express his or her intention.

Due to the nature of crimes where abuse occurs mainly in the house, there are often no evidences or witnesses, making it difficult to detect the abuse situation.

Even when reports of suspected abuse are received and home visit investigations are conducted, the signs of abuse are often missed due to lack of expertise.



The Jung In-i case is representative.

I received reports of suspected abuse three times and even conducted a home visit investigation, but I did not take immediate separation measures because Jung In was well in the arms of his parents or because his parents well explained the bruises on his body.

This is why active initial investigations from the perspective of'children's best interests' are necessary to prove the harm of children who cannot speak.

"A child has more Mongolian spots on his body than other children. When I asked his parents why he had bruises, it was explained that he was bruised because he was atopy, and his atopy was so severe that he kept scratching and rubbing, and dad massaged to stretch his legs Even if it seems like that."

"Because of being held in my mother's arms, I was being hugged and played well... When I saw such reactions, it was difficult to see them (as child abuse), experts say."

(Seoul Yangcheon Police Station official)


● Early diagnosis of'physical abuse'…

The medical staff

who treated the three-month-old baby in Gunpo

must be actively utilized

. It is estimated that the time when the child's bones were broken and malnutrition was severe, and there was long-term abuse.

He also points out that it was not seen as a rare constitution that easily breaks bones.

It doesn't make sense that it took a year and four months to arrest a mother for abuse.

In the medical community, when reporting suspected child abuse, opinions are not well reflected and there are many complaints that reporter information is not properly protected.



Based on these concerns, 117 medical societies, associations, and organizations issued a joint statement last week and urged the improvement of the child abuse response system.

In the event of a suspected child abuse case, a consultative body should be created so that medical experts can respond professionally, and if necessary, professional medical opinions should be reflected to increase the expertise of the case.

It also recommended that medical education on child abuse findings should be strengthened for workers involved in child abuse.



Last week, Police Commissioner Kim Chang-ryong announced that he will create a dedicated child abuse investigation team at the National Police Agency and that the police chief will direct and supervise the entire process of child abuse cases. It seems necessary to consider how to utilize the professional capabilities of the medical field.



▶ Abusive parents have it, but Jung-in who died.


▶ [Report File] Child Rights Godmother "If there was a lawyer for Jung-in"



※ There is still no lawyer for Jeong-in.

However, last week the government came up with a countermeasure against the need to revitalize the public defender system for children victims of child abuse.

On the 21st, it announced that it will push ahead with a plan to mandate the appointment of public defenders for all abuse victims.

We look forward to devising detailed measures for children victims of abuse to continue to receive legal services in addition to criminal trials.



▶ [Interview file] '3 months baby' ② If the father takes it, can it be prevented?