Child Abuse Attempted Murder Penalties Strengthened

Starting at the end of June, anyone who attempts to murder a child will automatically receive a prison sentence, even if the attempt fails.

According to legal circles on the 16th, the amendment to the Special Act on the Punishment of Child Abuse Crimes is set to take effect on June 21. The Ministry of Justice recently announced a partial amendment to related implementing regulations and guidelines to align with this change.

This amendment was introduced to address the loophole in existing law that allowed for the possibility of probation for those who attempt to murder a child but fail.

Under the existing criminal law, the punishment for murder includes the death penalty, life imprisonment, or imprisonment for a term of five years or more, allowing for the possibility of probation if the sentence is reduced by half during the trial process. However, the amendment establishes a new crime of attempted murder of a child due to abuse, stipulating that individuals who commit this crime will receive a prison sentence of seven years or more.

Additionally, the recently announced implementing regulations include a provision that obligates prosecutors to file for the loss or change of legal guardianship if the attempted murderer is a legal guardian or custodian of the child victim. It also allows for the victim to be separated from their home and protected by including relatives or other connected individuals in emergency measures.

During the handover process, the police and responsible officials will have a legal basis to question the intended handover individuals about their relationship with the victim, relationship with the abuser, criminal history, and history of protecting and raising the victim. Furthermore, police will be able to check the criminal records of individuals intended for handover.

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