Republic of Korea: Services available for victims of child abuse, including legislation and legal recourse; the function of the National Child Protection Agency, particularly in the district of Gangwon (2011-February 2014)
1. Overview
Media sources describe child abuse in the Republic of Korea (South Korea) as a "serious" problem (The Korea Times 4 Sept. 2012; The Korea Herald 6 Dec. 2012). The Korean Bar Association (KBA), referencing a 2010 study by the Ministry of Gender Equality and Family, indicated that 65.8 percent of children in South Korea have been subject to physical or mental abuse by their parents (KBA 20 May 2012). Further details on this study could not be found among the sources consulted by the Research Directorate within the time constraints of this Response.
Sources indicate that the number of incidents of child abuse has been increasing (UN 2 Feb. 2012, para. 44; The Korea Herald 19 Nov. 2013; Yonhap News Agency 19 Nov. 2013). According to the Seoul-based Korea Herald, the number of documented cases of child abuse nearly tripled between 2001 and 2011 (6 Dec. 2012).
Citing statistics provided by the Ministry of Health and Welfare, sources indicate that in 2011, there were 6,058 reported cases of child abuse (The Korea Herald 19 Nov. 2013; Yonhap News Agency 19 Nov. 2013; US 19 Apr. 2013, 17), including 111 cases in child welfare facilities (ibid.). Sources report that there were 6,403 child abuse cases in 2012 (Korea JoongAng Daily 2 Nov. 2013; The Korea Herald 19 Nov. 2013; Yonhap News Agency 19 Nov. 2013). Of the total number of child abuse cases reported in 2012, 38.1 percent were for emotional abuse, 28.8 percent were for physical abuse and 28.7 percent were for negligence (Korea JoongAng Daily 20 Nov. 2013). Parents were the abusers in more than 80 percent of child abuse cases reported (ibid.; The Korea Herald 19 Nov. 2013; Yonhap News Agency 19 Nov. 2013).
Sources indicate that child abuse in South Korea often goes unreported (Korea JoongAng Daily 8 Nov. 2013; The Korea Times 4 Sept. 2012). Media sources report that this is because child abuse is often viewed as a "'family affair'" (ibid.) or is "masked as disciplinary punishment" (Korea JoongAng Daily 8 Nov. 2013). According to the Korea Herald, there is no "social consensus" in South Korea on what are acceptable and unacceptable practices in disciplining children (19 Nov. 2013). The Seoul-based Korea Times notes that "beating" children is viewed by many as a "necessary part of raising children" (3 Nov. 2013). In a letter to the Korea Herald, a professor of law at Wonkwang University said that "harsh treatment of children is commonplace" and child abuse occurs on a "daily basis" in South Korea (The Korea Herald 29 Aug. 2012).
Media sources reported several cases of child abuse in 2013 in which children had been beaten to death (Korea JoongAng Daily 20 Nov. 2013; The Korea Herald 19 Nov. 2013; The Korea Times 3 Nov. 2013). According to the Korea Times, "over the past decade or so" (between 2003 and 2013), approximately 86 children were killed as a result of child abuse (ibid.).
2. Legislation
2.1 Acts
In correspondence with the Research Directorate, an official at the Canadian Embassy in Seoul stated that the legislation governing child protection in South Korea is the Child Welfare Act (Canada 17 Feb. 2014). According to the United Nations Committee on the Rights of the Child (CRC), the Act was revised in 2011 (UN 2 Feb. 2012, para. 3). An English translation of the 2012 Child Welfare Act, which was supplied by the Canadian official, is attached to this Response.
In a 2012 report submitted to the UN Human Rights Council for the Universal Periodic Review (UPR), South Korean state authorities state that
[c]hild abuse is a crime punishable by the Criminal Act and the Child Welfare Act. The latter prohibits physical abuse, sexual abuse, emotional abuse, neglect, abandonment and trade of children as well as forcing children to beg for money on the street. (South Korea 13 Aug. 2012, para. 56)
The same source states that although "excessive corporal punishment" by parents against children may constitute child abuse as per the Child Welfare Act, there is no separate regulation in South Korea to specifically address corporal punishment against children "by parents or guardians at home" (ibid., para. 61).
2.2 Penalties
The Korea Herald reports that as of November 2013, the maximum penalty for child abuse was five years imprisonment (19 Nov. 2013). According to the Seoul-based Korea JoongAng Daily, which is affiliated with the International New York Times, for most cases of child abuse that result in the death of the child, the perpetrator is sentenced to three to five years in prison (Korea JoongAng Daily 2 Nov. 2013).
An article in the Korea Times expressed concern at the low level of intervention in child abuse cases, noting that South Korea's "'child protection rate'" (rescuing a child from abuse through either parent counselling or preventative custody) is 0.63 percent compared to 8.8 percent in the US (The Korea Times 3 Nov. 2013). According to the Korea Herald, of child abuse cases reported between 2002 and 2012, less than 3 percent were addressed through the courts (6 Dec. 2012). Korea JoongAng Daily reports that, according to officials and child safety advocates, South Korea "needs to toughen punitive measures against [child] abusers to rein in the growing abuses against minors" (20 Nov. 2013)
2.3 January 2014 Amendments
According to the Korea Herald, the National Assembly passed a bill in January 2014 raising the punishment for beating a child to death to a minimum of five years imprisonment to life imprisonment (The Korea Herald 2 Jan. 2014). The bill also included mandatory reporting of suspicions of child abuse, punishable by a fine of 5 million won (KRW) [about C$5100 (XE 25 Feb. 2014)]; as well as provisions to allow police officers and child support institutions to take emergency measures to separate child abuse victims from their abusers and take them to shelters, and for parents who habitually abuse their children to lose their parental rights (ibid.). The legislative changes were reportedly in response to "public anger" at the treatment of several child abuse cases in 2013 (ibid.). Further information about these amendments could not be found among the sources consulted by the Research Directorate within the time constraints of this Response.
3. National Child Protection Agency
The National Child Protection Agency (NCPA) was established in 2001 (Canada 17 Feb. 2014; South Korea n.d.b) by the Ministry of Health and Welfare (ibid.). The laws outlining the establishment and duties of the NCPA can be found in Chapter V, Section 1 of the Child Welfare Act (South Korea 2012). According to the Canadian official, "[t]he purpose of the NCPA is to prevent, protect against, and aid in the recovery of abused and neglected children and their families, through a system of cooperating organizations, and by using the mass media to raise public awareness of the social problems of child abuse and neglect" (Canada 17 Feb. 2014). Similarly, the website of the NCPA states that the agency:
plans, coordinates and implements policies for the prevention of child maltreatment. The aim of the NCPA is to support the victims of child abuse and to inform the public of the seriousness of child abuse by establishing a cooperative system and providing policies with relative organizations. (South Korea n.d.b)
The duties of the NCPA include:
- referring cases to the appropriate local centres;
- operating a computer database;
- publicizing annual reports about child abuse;
- raising awareness of child abuse through mass media;
- developing a scale to assess child abuse and neglect;
- developing and distributing programs for the mandatory reporting of child abuse (ibid. n.d.c)
Sources indicate that the NCPA has 43 local Child Protection Agencies (ibid. n.d.b; Canada 17 Feb. 2014) [or 44 (South Korea 13 Aug. 2012, para. 56)]. According to the 2012 report submitted to the UN by South Korean authorities, the local agencies "receive reports of child abuse, look into the scene of allegations, and offer emergency protection" (ibid.).
According to the CRC, the local child protection agencies "remain limited in number and have insufficient financial and human resources" (UN 2 Feb. 2012, para. 44).
In a January 2013 article in the Seoul-based national daily Chosun Ilbo, a representative of the NCPA is quoted as saying "[i]f the abuse is severe, we can gain custody of a child and protect them for 72 hours in a state facility, but this usually leads to protests from parents, and as a result most abused children have to go back home" (qtd. in Chosun Ilbo 17 Jan. 2013). The same source notes that, according to a study by a researcher at the National Assembly Research Service, over 70 percent of children abused by their parents are returned to their care, "even though they often needed therapy and medical treatment in the interim" (ibid.).
Korea JoongAng Daily indicated that social workers investigating reports of child abuse are often turned away by the parents and that there is no legal mechanism to force parents of abused children to receive therapy (Korea JoongAng Daily 2 Nov. 2013). Another article by the Korea JoongAng Daily reported the case of a child's death by child abuse, and noted that it wasn't prevented even though the child's kindergarten teacher had reported suspected abuse two years earlier (ibid. 8 Nov. 2013). This article states that parents rarely lose their parental rights in cases of child abuse; this only happens in "extreme cases, such as a father who sexually abuses his own daughter" (ibid.).
4. Support Services for Child Abuse Victims
According to Country Reports 2012, the Ministry for Health and Welfare "operates facilities to treat and protect victims of child abuse and runs programs for families designed to prevent its reoccurrence" (US 19 Apr. 2013, 17). The same source also notes that the Ministry of Gender Equality and Family operates centres with services for child victims of sexual abuse, such as counseling, treatment and legal help (ibid., 18). The website of the Ministry of Gender Equality and Family indicates that it operates the "Sunflower Children Center" for victims of child abuse (South Korea n.d.f). Details about the Sunflower Children Center could not be found among the sources consulted by the Research Directorate within the time constraints of this Response.
The CRC described the post-trauma and rehabilitative support services for victims of child abuse and child neglect as "inadequate" and also notes that financial resources for child social services in general "remain low" within the context of South Korea's advanced economic development (UN 2 Feb. 2012, para.18, 44). South Korea has established additional facilities to provide "family-type care" for children in need of alternative care (ibid., para. 47). However, the CRC
notes with concern that the assessment of such alternative care institutions only evaluates the administrative management of such institutions, and does not assess the quality of care, skills and training of the professionals and treatment provided. Furthermore, the Committee is concerned at the lack of information on a complaints mechanism for addressing instances of abuse or neglect in such institutions. The Committee is also concerned at the absence of a tracking system for children who have lost contact with their parents. (ibid.)
State authorities operate a hotline for reporting child abuse and for obtaining information about nationwide specialized child protection agencies (South Korea n.d.d). The number of the child protection hotline is 1577-1391 (ibid. n.d.e ). According to the NCPA, the nationwide hotline operates 24 hours per day, 7 days a week, and the hotline workers are trained child protection specialists and will contact the police and prosecutors in the area where the child lives if they think the child is in danger or serious risk (ibid.). Further information about the hotline, including its effectiveness, could not be found among the sources consulted by the Research Directorate within the time constraints of this Response.
5. Children Protection Agencies and Support Services in Gangwon Province
Gangwon [previously known as Kangwon] province is located along Korea's east coast, south of the demilitarized zone (Life in Korea n.d.). Sources report that there are three local agencies of the NCPA in Gangwon province, located in Chuncheon, Donghae and Wonju (Canada 17 Feb. 2014; South Korea n.d.a). Further information about these agencies in Gangwon could not be found among the sources consulted by the Research Directorate within the time constraints of this Response.
In correspondence with the Research Directorate, a representative from the Global Business Bureau of the Gangwon provincial government indicated that there is a branch office of Child Fund Korea in Gangwon and that it is "the only certified foundation for children" in Gangwon (Gangwon 17 Feb. 2014). According to its website, among other services, Child Fund has seven child protection institutions in Korea, which respond to and investigate reports of child abuse (Child Fund Korea n.d.). Child Fund provides temporary shelter to child abuse victims in need of protection through "group homes" where four to five children live with a manager in a family-like setting (ibid.). Child Fund also provides psychological therapy and camp programs to child abuse victims (ibid.). Information about the specific child protection services provided by Child Fund to victims of child abuse in Gangwon could not be found among the sources consulted by the Research Directorate within the time constraints of this Response.
This Response was prepared after researching publicly accessible information currently available to the Research Directorate within time constraints. This Response is not, and does not purport to be, conclusive as to the merit of any particular claim for refugee protection. Please find below the list of sources consulted in researching this Information Request.
References
Canada. 17 February 2014. Embassy of Canada in Seoul. Correspondence from an official to the Research Directorate.
Child Fund Korea. N.d. "Child Protection." [Accessed 18 Feb. 2014]
Chosun Ilbo. 17 January 2013. "Most Abused Kids Returned to Abusive Parents." (Factiva)
Gangwon Province. 17 February 2014. Global Business Bureau. Correspondence from a representative.
The Korea Herald. 2 January 2014. Lee Hyun-Jeong. "Penalties for Child Abuse Strengthened." (Factiva)
The Korea Herald. 19 November 2013. Suk Gee-Hyun. "Child Abuse on the Rise." (Factiva)
The Korea Herald. 6 December 2012. "[Editorial] Curbing Child Abuse." (Factiva)
The Korea Herald. 29 August 2012. Daniel Fiedler. "Lasting Effects of Child Abuse." (Factiva)
Korea JoongAng Daily. 20 November 2013. Min Kyung-Won, Koo Hye-Jin. "Child Abuse Cases Triple in Decade." (Factiva)
Korea JoongAng Daily. 8 November 2013. Yang Sunny. "Ending Silence Can Reduce Child Abuse." (Factiva)
Korea JoongAng Daily. 2 November 2013. "Suffer the Children." (Factiva)
The Korea Times. 3 November 2013. "[ed] Preventing Child Abuse." (Factiva)
The Korea Times. 4 September 2012. Kim Rahn. "Seoul to Fight Child Abuse." (Factiva)
Korean Bar Association (KBA). 20 May 2012. UPR Submission on Republic of Korea. [Accessed 20 Feb. 2014]
Life in Korea. N.d. "Gangwon (Kangwon) Province." [Accessed 10 Feb. 2014]
Republic of Korea (South Korea). 13 August 2012. National Report Submitted in Accordance with Paragraph 5 of the Annex to Human Rights Council Resolution 16/21. (A/HRC/WG.6/14/KOR/1) [Accessed 14 Feb. 2014]
Republic of Korea (South Korea). 2012. Child Welfare Act. Sent to the Research Directorate by the Embassy of Canada in Seoul, 17 February 2014. Copyright by the Korea Legislative Research Institute, Seoul, Korea)
Republic of Korea (South Korea). N.d.a. National Child Protection Agency. "Resource." [Accessed 17 Feb. 2014]
Republic of Korea (South Korea). N.d.b. National Child Protection Agency. "Welcoming Remark." [Accessed 17 Feb. 2014]
Republic of Korea (South Korea). N.d.c. National Child Protection Agency. "About Us." [Accessed 17 Feb. 2014]
Republic of Korea (South Korea). N.d.d. Ministry of Health and Welfare. "Prevention of Assistance for Child Abuse." [Accessed 10 Feb. 2014]
Republic of Korea (South Korea). N.d.e. National Child Protection Agency. "1577-1391." [Accessed 17 Feb. 2014]
Republic of Korea (South Korea). N.d.f. Ministry of Gender Equality and Family. "Women's Rights Protection." [Accessed 14 Feb. 2014]
United Nations (UN). 2 February 2012. Committee on the Rights of the Child (CRC). Consideration of Reports Submitted by States Parties under Article 44 of the Convention. (CRC/C/KOR/CO/3-4) [Accessed 14 Feb. 2014]
United States (US). 19 April 2013. Department of State. "Republic of Korea." Country Reports on Human Rights Practices for 2012. [Accessed 14 Feb. 2014]
XE. 25 February 2014. "Currency Converter." [Accessed 25 Feb. 2014]
Yonhap News Agency. 19 November 2013. "Child Abuse on the Rise in South Korea." (Factiva)
Additional Sources Consulted
Oral sources: Attempts to contact officials and representatives of the following organizations were unsuccessful within the time constraints of this Response: Child Fund Korea; Republic of Korea – Embassy of the Republic of Korea in Ottawa, National Child Protection Agency.
Internet sites, including: Amnesty International; Asian Human Rights Commission; ecoi.net; Factiva; Hot Peaches Pages; Korean Womenlink; Republic of Korea – National Human Rights Commission of Korea; Save the Children; UN – Refworld, UNICEF.
Attachment
Republic of Korea (South Korea). 2012. Child Welfare Act. Sent to the Research Directorate by the Embassy of Canada in Seoul, 17 February 2014. (Received in correspondence from an official at the Embassy of Canada in Seoul. Copyright by the Korea Legislative Research Institute, Seoul, Korea)