아동복지법위반
The judgment of the court below is reversed.
Defendant shall be punished by a fine of KRW 1,000,000.
The above fine shall not be paid by the defendant.
1. Summary of grounds for appeal;
A. The Defendant’s act of mistake of facts in the instant case was committed as part of a decoration and does not constitute emotional abuse under Article 17 subparag. 5 of the Child Welfare Act.
Nevertheless, the lower court erred by misapprehending the facts, thereby finding the Defendant guilty of the facts charged.
B. The sentence (one million won of fine) imposed by the lower court is too unreasonable.
2. We examine ex officio the grounds for appeal prior to the judgment ex officio.
Article 29-3(1) of the Child Welfare Act (amended by Act No. 15889, Dec. 11, 2018; Act No. 1589, Dec. 11, 2018; hereinafter “Child-Related Institutions”) stipulates that a person who was sentenced to punishment or medical treatment and custody for committing a child abuse-related crime shall not be able to operate the facilities or institutions (hereinafter “child-related institutions”) or provide employment or actual labor to the child-related institutions, and uniformly sets the period during which it is impossible to provide its operation, employment or actual labor (hereinafter “employment restriction
However, Article 29-3 of the Child Welfare Act (amended by Act No. 1589, Jun. 12, 2019), which was enforced on June 12, 2019, provides that when a court declares a punishment or a medical treatment and custody for child abuse-related crimes, it shall order the operation of a child-related institution or the employment or actual labor to a child-related institution during the employment restriction period (hereinafter referred to as “employment restriction order”) in the same manner as the judgment of the case related to child abuse-related crimes is rendered: Provided, That where the risk of recidivism is considerably low or any other special circumstance that does not restrict employment exists, the employment restriction order may not be issued, and the employment restriction period under paragraph (2) provides that the employment restriction order shall not exceed ten years.
Meanwhile, Article 2 (1) of the Addenda to the Child Welfare Act (No. 15889, Dec. 11, 2018) provides "Article 29-3."