Baby Box, Infant Abandonment Is True... But Why Is There a Debate Over Punishment?

Police Investigate Baby Box Abandonment Cases
US Infant Refuge Act...Consensus on 'Life Over Punishment'

As a nationwide survey on unreported births?cases where birth records exist but birth registration has not been completed?is underway, discussions are taking place regarding the punishment of cases where newborn babies have been abandoned in baby boxes.

In principle, baby boxes constitute infant abandonment. However, considering that baby boxes may have been the best option to save a child in situations where parents cannot raise the child, there is debate over whether they should be viewed solely as subjects of punishment. Labeling baby boxes as illegal could push parents who find it difficult to raise their children into a dead-end path of infant murder and abandonment.

The police have decided to determine whether to file charges based on whether consultations with the baby box operating organizations took place first, but the debate over whether to view baby boxes as abandonment or protection is expected to continue.

On the 7th, the National Police Agency announced that as of 2 p.m. the previous day, 867 cases of unregistered births had been reported, with investigations underway for 780 of these cases. Among them, 27 infants were confirmed deceased.

It appears that a significant number of unregistered infants whose whereabouts are unknown were entrusted to baby boxes. As of the morning of the 5th, 27 out of 38 cases of unregistered births in the Seoul area under investigation were confirmed as baby box abandonment cases. In the Gwangju and Jeonnam regions, 29 out of 38 cases are also estimated to be baby box abandonment or entrustment cases.

The police have begun investigating whether abandonment charges apply to baby box abandonment cases. The criterion is whether consultations with the baby box operating organizations occurred. According to the police’s recent analysis of court precedents, most cases prosecuted for abandoning infants in baby boxes resulted in guilty verdicts, with only one case where the defendant was acquitted due to having a consultation history. In that case, it was judged that the infant was not abandoned but entrusted to the organization for protection after consultation.

[Image source=Yonhap News]

In principle, even if a baby is left in a baby box, charges of abandonment and infant abandonment under criminal law can be applied. The severity of the sentence varies depending on whether the biological parents were in a position to raise the child at the time.

However, there is also an opinion that punishment alone is not the solution, considering that baby boxes may have been the last option to save a child in difficult circumstances such as financial hardship.

In the United States, where infant abandonment is considered a serious crime, the "Safe Haven Law" is in effect, which does not punish parents who leave infants at government-designated locations. Like baby boxes, this law has been criticized for potentially encouraging abandonment and relinquishment of child-rearing, but it was introduced nationwide in 2008 amid consensus that preventing infant deaths is the priority.

Seung Jae-hyun, a senior research fellow at the Korea Institute of Criminology and Justice Policy, argued, "Asking whether baby boxes are legal or illegal is meaningless." While baby boxes are indeed illegal as they constitute infant abandonment, it is inappropriate to judge them strictly by the concepts of legality or illegality when they serve as the last means to save a child's life.

On the 7th, appearing on YTN Radio’s "News King with Park Ji-hoon," Research Fellow Seung said, "It is too hasty to discuss whether a system designed to allow a child born in an unpredictable environment to grow up as a member of society without being killed should be punished as abandonment. Protecting the child's life is more important."

He added, "To create an environment where children can grow up healthily as members of society right now, a birth notification system and birth registration system are absolutely necessary, and a protected childbirth system that can safeguard mothers must be introduced. The birth notification system has already passed (in the National Assembly), so now is the time to work on the protected childbirth system and its side effects, such as preventing relinquishment of child-rearing."

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