Whether the crime of kidnapping a minor is committed where a person who protects the minor upon his request by his father refuses a request for delivery by his mother.

According to the request of the father of a minor, a person who protects the child by requesting the father of the minor shall not be deemed to have refused the request of the mother to deliver the child, thereby constituting the crime of kidnapping the minor.

Article 287 of the Criminal Act

Defendant 1 and one other

Prosecutor

Attorney Lee Jung-soo

Seoul Criminal Court Decision 73No6203 delivered on December 7, 1973

The appeal is dismissed.

The prosecutor's grounds of appeal are examined.

Compared to the records on the facts charged against the defendant, etc., the defendant et al. protects the above two children upon the request of the non-indicted who is the father of the non-indicted, etc., and the above non-indicted is his own wife and his mother needs to be isolated from his mother for internal reasons. In this case, the refusal of the request of the above son's mother for delivery cannot be deemed to constitute a crime of abduction of minor under the criminal law. In this case, since the father of the son went to the United States, her mother did not have the right to exercise parental authority under the civil law, the above fact cannot be deemed to constitute a crime of abduction of minor solely on the ground that her mother has the right to exercise parental authority under the civil law. It is so decided as per Disposition by the assent of all participating Justices on the bench.

Justices Red Man-Man (Presiding Justice)