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Cases
2011 was declared to lose parental authority
Claimant
Prosecutor of Daegu District Prosecutor's Office
Other Party
400 (59*********)*
Principal of the case
Kim0**************)
Imposition of Judgment
January 2, 2012
Text
1. The other party shall lose parental authority over the principal of the case;
2. The cost of the trial shall be borne by the other party.
Purport of claim
The same shall apply to the order.
Reasons
1. Facts of recognition;
According to the overall purport of the record and examination of this case, the following facts may be recognized:
A. The claimant is a prosecutor who investigated and indicted a violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes against the principal of the other party (a minor rape, etc. under the age of 13), and the other party is a person with parental authority as the father of the principal of the case.
나. 그런데 상대방은 2010. 10. 중순경부터 2011. 2.경까지 ▲▲▲병원 및 사건본인 의 집에서 4회에 걸쳐 사건본인의 가슴과 음부를 만지고 사건본인의 손을 끌어 당겨 상대방의 성기를 만지게 하고 , 상대방의 성기를 사건본인의 성기에 넣으려고 하는 등 사건본인을 강제추행 하였다.
C. The other party is currently pending in the trial of the first instance court due to the foregoing criminal facts ( Daegu District Court No. 2011 High Court No. 2011).
2. Determination
A person with parental authority has a duty to protect and educate persons, and if the other party who is a person with parental authority renounces himself/herself as a person with parental authority and commits an act identical to the above-mentioned facts to the principal of the case who is his/her father, the other party cannot be expected to exercise parental authority properly for the sound growth of the principal of the case, so there is a serious reason for not allowing the other party to exercise parental authority.
3. Conclusion
If so, this case's petition for adjudication seeking loss of parental authority of the other party is with merit, it shall be judged as per the disposition.
January 2, 2012
Judges
Equitable