'Love's Rod' Not Allowed... The Disappeared 'Child Discipline Rights'

Civil Law Amendment Removing 'Disciplinary Authority' Passes National Assembly Plenary Session on the 8th... "Prohibition of Corporal Punishment Is a Fundamental Norm"

[Asia Economy Reporter Baek Kyunghwan] Parents can no longer physically punish their children under the justification of the "rod of love." Article 915 of the existing Civil Act has been misunderstood as legalizing parental corporal punishment by stipulating that guardians may impose necessary discipline for the protection or education of children. There have been ongoing criticisms that this provision allows children to be perceived as parental property or subjects of discipline and can serve as a pretext for child abuse disguised as discipline.

According to the Ministry of Justice, the amendment to the Civil Act, which deletes the disciplinary authority clause previously considered as grounds for parental corporal punishment, passed the National Assembly plenary session on the 8th.

Article 915 of the Civil Act states that guardians may impose necessary discipline for the protection and education of the child. This provision has been maintained for over 60 years since the Civil Act was enacted in 1958.

The disciplinary authority under the Civil Act is interpreted as methods and degrees socially acceptable for protecting and educating children. It does not include methods that cause physical pain or mental suffering such as verbal abuse. However, Article 915’s disciplinary authority clause has been misunderstood as permitting parental punishment. Moreover, as awareness of children’s human rights has improved, this provision has been criticized as an anachronistic relic.

In particular, corporal punishment for disciplinary purposes was not recognized as child abuse, and perpetrators even used it as a legal defense against abuse charges. Depending on the interpretation of disciplinary authority, guardians who physically punish children have sometimes received reduced sentences or acquittals, effectively serving as a "get-out-of-jail-free card." While causing physical or mental pain to children is punishable under the Child Welfare Act and other laws, parental corporal punishment was considered a mitigating factor under Article 915 of the Civil Act. This was also why Korea was classified as a "corporal punishment-permitting country" despite international laws banning corporal punishment of children.

In response, in April last year, the "Committee for Legal Improvement for an Inclusive Family Culture" under the Ministry of Justice recommended deleting the disciplinary authority clause in Article 915 of the Civil Act. The Ministry of Justice accepted this recommendation, announced a partial amendment bill to the Civil Act in August last year, and went through review by the Office of Legislation and the Deputy Minister’s meeting.

The amendment first deletes the disciplinary authority clause in Article 915. By removing the phrase "necessary discipline" regarding children, it clarifies that corporal punishment of children is prohibited. The unused clause about "entrusting to reform or correctional institutions" was also deleted.

The Ministry of Justice stated, "The prohibition of parental corporal punishment is the most fundamental norm for preventing child abuse," and expressed hope that "the passage of this amendment will serve as a turning point to fundamentally improve awareness of corporal punishment and child abuse."

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