"Ban on Child Corporal Punishment" vs "Should Be Left to Parents" - What Do You Think About Deleting Parental Disciplinary Rights?

Ministry of Justice Considers Removing Parents' 'Disciplinary Rights' to Prevent Child Corporal Punishment at Home
Aims to Completely Ban Child Abuse Disguised as Parental Discipline
Concerns Over Excessive Intrusion into Family Education by Some Parents
Experts Say "There Can Be No Environment Where Children 'Deserve to Be Hit'"

A woman who confined her cohabiting partner's son in a travel bag, causing him to go into cardiac arrest, is seen entering the Cheonan Branch of Daejeon District Court on the 3rd for a warrant hearing.

[Asia Economy Reporter Han Seung-gon] As the Ministry of Justice is pushing for a clear legal provision banning 'corporal punishment' under the Civil Act to prevent child abuse disguised as parental discipline, conflicts surrounding this issue have arisen.

Some parents argue that since what happens within their family is a private matter, the state should not intervene. They point out that this might excessively infringe on parental roles in home education, citing recent child abuse cases as reasons. Some even express concerns that children might end up suing their parents for legal violations if corporal punishment occurs.

The Ministry of Justice announced on the 10th that it is promoting amendments to the Civil Act, including improvements related to disciplinary rights under Article 915 and the legalization of a ban on corporal punishment, following recommendations from the 'Legislative Improvement Committee for an Inclusive Family Culture (the Committee)'.

Article 915 of the Civil Act stipulates that parents may discipline their children when necessary for protection or education. However, there have been ongoing concerns that this provision could be misinterpreted as permitting corporal punishment by parents.

Accordingly, on April 24, the Committee recommended deleting the disciplinary rights under Article 915 and clearly stipulating in the Civil Act that corporal punishment by parents against children is prohibited.

The Ministry of Justice has accepted this recommendation and is currently working on the amendment. On the 12th, it will hold a meeting with related agencies to gather opinions from child rights experts and youth representatives. Subsequently, it plans to prepare a detailed draft amendment after consulting with experts such as professors and lawyers.

Based on this, the Ministry of Justice aims to finalize its proposal by July this year and submit the partial amendment bill of the Civil Act to the National Assembly as quickly as possible after going through procedures such as public notice in August.

[Image source=Yonhap News]

However, some express dissatisfaction, questioning whether this child abuse eradication bill constitutes excessive invasion of privacy. A man in his early 40s, identified as A, who has two elementary school children, said, "The purpose of the bill is good, but I think it might be too intrusive into personal home education." He added, "Because of some parents who abuse rather than discipline, I worry that we might reach a situation where even discipline in the educational process becomes impossible."

Another parent in their 30s commented, "Can guardians not even administer that level of corporal punishment?" and said, "There needs to be some standards appropriate to the situation." They also questioned, "Although it would be an extreme case, what happens if a child reports that they were hit by their parents?"

Meanwhile, Na Sang-min, manager of Save the Children Korea, an international organization established for the relief of children worldwide, pointed out, "Parents say they punished their children for discipline, but for a long time, many children have been living in fear of abuse under the pretext of discipline."

He continued, "Child abuse does not only occur in abnormal families," emphasizing, "There is no environment or condition where children 'deserve to be hit,' and this principle should not be exempted for families and parents."

He added, "Children are not the property of their parents but rights holders, and parents have the responsibility and duty to support children to grow up healthy and safe. We must recognize and change the entrenched social norms and systems that tolerate corporal punishment and condone violence against children."

He concluded by urging, "We strongly call on the 21st National Assembly to actively cooperate and promptly proceed with the amendment of the Civil Act to legislate the prohibition of corporal punishment within families."

This content was produced with the assistance of AI translation services.