Nevertheless, from March 2, 2015 to July 2016, the Defendant neglected basic education without sending the victim E (10 years of age) who was enrolled in the D elementary school located in Gwangju City of Gyeonggi-do (excluding the date of school attendance on March 18, 2015) to the first police officer (excluding March 18, 2015).

2. Determination

A. Article 8 of the Framework Act on Education provides that “The 6-year primary education and the 3-year secondary education” shall be compulsory, and Article 13 of the Elementary and Secondary Education Act provides that “the attendance of all children or children under their care at an elementary or middle school,” and Article 68 of the same Act imposes an administrative fine not exceeding one million won in the event of non-performance of the obligation to attend school.”

Article 17 of the Child Welfare Act separates the types of abuse that may have a fatal impact on the development of children's personality if continued for a long time. Article 17 prohibits "abandoning a child under his/her protection and supervision or neglecting the basic protection, rearing, medical treatment and education, including food, clothing and shelter," and a person who violates this prohibition shall be punished by imprisonment for not more than five years or by a fine not exceeding 30 million won.

(Article 71 (1) 2 of the same Act). On the other hand, the above penal provision, together with the above abandonment and neglect, punishs physical abuse (Article 17 subparagraph 3 of the same Act) and emotional abuse (Article 17 subparagraph 5 of the same Act) as the same statutory penalty.

In full view of the legislative structure of the Child Welfare Act and the relationship with the Framework Act on Education, “act of neglecting education, which is subject to punishment pursuant to Article 71(1)2 of the Child Welfare Act” means a violation of the obligation to attend school under the Elementary and Secondary Education Act.