Mechanical Application of the Family Reunification Principle
Victimized Children Exposed to Danger Again
Lenient Punishments Even for Repeated Abuse
Last year, 8 out of 10 children who suffered from child abuse were returned to homes where their abusers resided, and half of all repeated abuse cases involved invisible emotional abuse. Critics point out that the current system, which prioritizes family reunification, results in the courts handing down only lenient punishments, even in the face of repeated abuse.
◆ The Dark Side of the Family Reunification Principle
According to the Ministry of Health and Welfare's "2024 Key Statistics on Child Abuse" released on October 14, 82.5% (3,215 cases) of children who suffered repeated abuse were subject to "family reunification" measures. Only 16.8% (655 cases) involved separating the child from the abuser. The fact that 98% of repeat abusers are parents highlights a fundamental contradiction in the system.
The principle of family reunification is the underlying reason why abused children are sent back home. The Child Welfare Act stipulates that a child's right to grow up in their original family must be given top priority. However, when this principle is applied mechanically, it becomes a trap that puts children at risk.
There are also significant limitations because the system relies on the willingness of abusive parents to change. Without clear legal authority, it is difficult to enforce separation in the face of parents who show remorse and tears. Institutional loopholes, lack of infrastructure, and an abuser-centered leniency all combine to result in repeated abuse. To break this cycle, it is urgent to realistically implement systems that restrict or suspend parental rights and to ensure that society provides more safe homes for children to return to, requiring a fundamental paradigm shift.
The "Study on Improving Family Reunification to Prevent Repeated Child Abuse" pointed to the repetition of abuse, lack of post-management, insufficient experts and clinical evidence, and the social perception that family reunification is always best as structural flaws. The study emphasized that the current approach to family reunification often exposes children to further danger rather than protecting them, and called for stronger punishment for abusers, more experts, and the establishment of a collaborative support system.
The limitations of the child abuse protection system are also evident in judicial rulings. In February last year, a biological father, Mr. A, was fined 3 million won for child abuse. Prosecutors appealed the sentence as too lenient, but during the appeal process, Mr. A abused his child again. In August, the Changwon District Court sentenced him to six months in prison, suspended for two years. The court stated, "The defendant repeatedly committed physical abuse against the victims after the original verdict, which is a grave offense," but still hesitated to impose an actual prison term. Even the courts, faced with clear warning signs of repeated abuse, gave the abuser another chance.
As a result, there are growing calls for urgent legal and institutional reforms. Park Myungsook, a professor of social welfare at Sangji University, said, "Children should only be returned to their families when it is determined that they can be raised safely and healthily. When children are sent home while risk factors remain due to a lack of personnel and budget, repeated abuse occurs." Park Seunghee, professor emeritus of social welfare at Sungkyunkwan University, said, "In the past, extended families would address abuse within the family, but with the rise of nuclear families, it is now impossible to know what is happening. The state must expand its caregiving functions to reduce abuse."
◆ Half of Repeat Abuse Is 'Invisible Wounds'
The most common form of repeated abuse was emotional abuse, which leaves deep psychological scars. Of the 3,896 cases of repeated abuse last year, 1,949 (50.0%) were emotional abuse, three times higher than physical abuse (15.9%). When including cases of multiple forms of abuse (21.7%), 7 out of 10 children who suffered repeated abuse were subjected to verbal or psychological violence.
Among abusers, 66% were in their 40s or 50s, while 59% of victims were adolescents aged 10 to 17. This suggests that emotional control and violence are repeatedly occurring in conflicts between parents and adolescent children. According to the "Study on the Characteristics and Related Factors of Recurrent Child Abuse," the risk of repeated abuse increases as the number of emotional problems in children rises. For each additional emotional problem, the likelihood of repeated abuse increased by 15%, and when the abuser was a parent, the risk was more than five times higher.
However, emotional abuse is difficult to prove in court. In practice, a guilty verdict requires clear evidence that habitual abuse over a long period caused severe psychological suffering to the child. As a result, most punishments are limited to fines or suspended sentences. This demonstrates that the judicial system views emotional abuse as less serious than physical abuse. Lenient punishments send the wrong message to abusive parents that "this much is acceptable," and instill a sense of helplessness in victims, making them believe that "the pain I experience is insignificant."
Experts have pointed out that this is a structural failure of society to protect children. Hong Changpyo, director of the Child Abuse Prevention Research Institute, said, "Emotional abuse is likely to be triggered by economic pressures on parents and the psychological upheaval of adolescence. To prevent child abuse institutionally, not only parents but also children, young adults, and even soldiers need to receive ongoing parental education, but this is not happening in reality." Hwang Okkyung, director of the Korea Institute of Child Care and Education, said, "It is also a problem that society confuses emotional abuse with discipline. The very concept of discipline implies a hierarchical ownership relationship, which can include elements of emotional abuse. Therefore, society's understanding of parenting needs to change."
※ The Civil Act has been revised so that even parents have no right to physically punish children. Anyone who inflicts physical, emotional, or sexual abuse on a child can be sentenced to up to 10 years in prison. If you suspect child abuse, report it to 112. If you have difficulties with child care or support, call 129 (Health and Welfare Counseling Center) for assistance.
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