A 29-day-old newborn was injured and diagnosed with a concussion after a fight between postpartum helpers caring for the twins.
The police applied the crime of injury and sent it to the prosecution, saying there was no intention of abuse, but experts had different opinions.
If you do not have a legal record of child abuse, you can re-employ as a postpartum helper.
Arguing with postpartum helpers 'Kung'... newborn face bang
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Gyeonggi Hwaseong West Police Station announced that it sent postpartum helper A in her 60s to the prosecution in December of last year on charges of injury.
In November of last year, Mr. A swung his fist at the head of Mr. B, a helper who worked with him in an apartment in Mars where he worked.
His fist deflected the helper's head and struck the child in his arms on the forehead.
The newborn victim was diagnosed with concussion at the hospital.
On the CCTV screen, there was a scene where Mr. A swung his fist and his child's neck was severely broken with a 'thump' sound.
Police "no intention of abuse"... Expert "if aware, child abuse can be applied"
The police sent Mr. A to the prosecution on the application of the crime of injury, not child abuse.
Mr. A tried to hit Mr. B, but the child was hit, and it was seen that the abuse was not intentional.
However, after the news broke, there were many responses that said it was difficult to understand the police's judgment, such as "It was intentional to swing a fist at a person holding a child" and "It could have seriously hurt if done wrong."
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The same was true of the legal profession.
Attorney Jeong-Moo Huh explained, “When determining the scope of physical abuse under the Child Welfare Act, there must not be a purpose or intention.” .
When hitting Mr. B holding a newborn baby, the child was likely to be injured together, and as a postpartum helper, he was fully aware of this, so child abuse can be applied.
In fact, a childcare teacher at a daycare center shaved the child's head once in the process of removing the box the child played with, and there was a precedent that judged this to be child abuse.
It means that the police could look at the matter a little more sensitively.
Attorney Huh said, "Based on the contents of these precedents, if Mr. A's act can be established as a crime of injury, there is room for review as a crime of child abuse."
Re-employment is possible if it is not a child abuse crime
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If Mr. A is handed over to trial, he can re-employ as a postpartum helper if the sentence beyond imprisonment is not finalized.
According to the Maternal and Child Health Act, which was amended in June of last year, you cannot get a job as a postpartum helper if you have a record of child abuse.
However, in the case of other crimes, employment is restricted only when a sentence of imprisonment or higher is confirmed.
If there is no additional effect on the physical condition of the victim child, it is highly likely that Mr. A will be sentenced to a fine.
The victim's parents were also concerned about this and inquired at the public health center and city hall, but only replied that they did not know whether Mr. A was working as a postpartum helper in another family.
If it is a child-related case, it seems that more stringent standards will be needed in punishment and re-employment.