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| ▲ On the morning of the 5th, mourners visit and commemorate Jung In-i’s sad death at the High Family Andersen Natural Cemetery in Seojong-myeon, Yangpyeong-gun, Gyeonggi-do, where Jeong In-i, who died of the abuse of her adoptive parents, is asleep. As the snow piled up in the memorial was removed, a picture of Jeong In-i’s life was seen. | |
| Ⓒ Kwon Woo-seong |
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Until Jeong In-i, who was only 16 months old, died, no child protection system in Korean society was working.
Even after receiving reports of child abuse three times, the police dismissed the charges and did not separate the child from the parent. A child protection agency (Abojeon) also gave 3 points, 2 points, and 2 points out of 9 points in the’Child Abuse Risk Assessment’ prepared after conducting three field investigations (Shin Hyun-young, data from the Democratic Party’s office). A score of 4 or higher could consider immediate child protection measures, but Abojeon’s judgment was not.
At the time of the third report, the doctor of the pediatrician who treated In-i Jung gave a finding of’stomatitis’ and the child abuse was not proven.The Holt Children’s Welfare Association, where Jung In was in charge of adoption, also found out that the abuse was twice, but did not visit home. I only spoke with my wife. Opportunities to save Jung In-i flew away in vain.
For this reason, after the’Jeong In-i incident’ was reported on SBS on the 2nd, there is a growing voice that the child abuse response system should be improved. The politicians also proposed amendments to the Act on Special Cases concerning the punishment of as many as 11 child abuse crimes over three days. It contains reinforcement of sentence for perpetrators of child abuse, disclosure of personal information, and’immediate separation of parents and children (one strike out)’. The opposition parties plan to pass the’Jung In Yi Act’ on the 8th. Less than a week has passed since the broadcast was released, and legislation came into effect with a quick decision.
If the law is revised, will the’second Jung-in case’ be prevented? Kim Ye-won, a lawyer at the Disabled Rights Law Center, who has specialized in child abuse cases, had a different idea. On the 6th, he wrote on his Facebook page, saying, “Please calm down!” and that the National Assembly is implementing a “legislation to calm public opinion.” It is that the sudden legislation now confuses the scene of preventing child abuse.
Attorney Kim pointed out that it is more important to correctly divide powers and responsibilities and make them work according to the manuals, rather than revising the law in an instant. In particular, in a situation where facilities such as a’shelter’ are not properly equipped, it is not a solution to promote immediate separation, but rather, it leads to a situation in which children who need to be separated cannot be separated, and “children may die again.” I was concerned.
In addition, he pointed out that in the case of’strengthening the sentence’, a strict proof of responsibility is required to admit a high sentence, so in the case of child abuse where the victim’s statement is virtually impossible, there is a high possibility of prosecution or innocence due to lack of evidence.
Attorney Kim on the 6th <오마이뉴스>In a telephone interview with the lawmakers, they strongly criticized that they are doing’legislation that spoils the field’, and said, “When there is a national consensus, we will not talk about reinforcing sentences or disclosing personal information, but to create a structure in which people who go to the field of child abuse can work. I do” he emphasized. The following is a summary of the questions and answers I shared with him.
“Enhancing sentence is not a solution to child abuse”
-The National Assembly has announced that it will double the sentence for child abuse. I am curious about the reason why you strongly criticized this.
“If the sentence is reinforced, the burden of proof is strict enough to admit the sentence. At the same time, the perpetrator is also fiercely denied. In cases where the evidence is insufficient and the case has to rely on a statement, it becomes more difficult to prove the allegation. Sexual violence with persons with disabilities is also difficult. Since the sentence has been raised, accusations have been increasing.
Victims are beaten at home. Moreover, children who cannot think of living away from their parents cannot specifically state their harm. How do you try to prove your guilt openly? From the standpoint of supporting the victims, it is very angry to raise the sentence irresponsibly. Rather, blame and innocence are bound to increase.”
Attorney Kim said on his Facebook page, “I agree with strong punishment,” but emphasized that “the Supreme Court’s sentencing committee can raise the recommendation sentence because it is already the upper limit for life imprisonment.”
-Why do you think it’s a problem to’separate immediately’ when reports of abuse come in?
“In the past, there was a manual for’immediate separation’ even when the first was reported. Jung-in could also immediately separate (infants and toddlers). Then the law should help to keep the manual in the field. As a result, it was revised to “unconditionally separate when reporting twice” (last December) For reference, the Cheonan incident was reported only once.
In fact, immediately separated, the child has nowhere to go. It is a dire situation that shelters cannot accommodate even 10% of separated children. Runaway youth shelters and nurseries do not readily accept children, and it is difficult to adapt even when they go. Children prefer to go home. It is questionable where on earth can children be sent for effective separation measures.”
He emphasized that’immediate separation of two reports’ is also’deformation’. There are even cases where reports are abused in order to obtain custody of each other in divorce litigation, and children are being treated as objects.
“You have to divide the authority correctly, make it sub-large to increase your expertise”
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| ▲ Police Commissioner Kim Chang-ryong apologizes in connection with the “Jung In-i incident” at the Migeun-dong Police Office in Seodaemun-gu, Seoul on the afternoon of the 6th. | |
| Ⓒ Yonhap News |
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-Then, what kind of changes are needed?
“The biggest problem is distributing the authority too much. If there are many officers, the boat goes to the mountain. The more subjects (police, child abuse officials, Abojeon) who can investigate and investigate, the greater the secondary damage the victim suffers. In the meantime, the statements are contaminated and distorted by the perpetrators, and the child dies in the meantime.
Investigation of child abuse should be carried out by someone with a high level of expertise and ability to do so responsibly. I have been watching the site for 10 years, but I feel that the investigation is the most difficult. It is difficult to expect professionalism for a child abuse official who has been in charge of child abuse investigations since last October. First of all, it is necessary to separate’what it can do’ from’what it cannot’. And we must do what we can do better so that we can cooperate with each other.
First, public officials must faithfully establish a database and manage various documents to protect children. Abojeon can support victims and manage cases. The investigation and investigation should be done by the police. Instead of having a department in the police station, you should create a’Child Abuse Special Investigation Unit’ (sub-specialist) with specialized personnel.”
-Then, what role should sub-large size play?
“As the special investigation team for sexual violence (currently, the special investigation team for women’s crimes), which was established in 2013 at the regional offices, increased expertise and capacity, the secondary damage decreased. Currently, the female special unit is under the age of 13, sexual violence and sexual violence with the disabled, etc. I am in charge of this, and this capability is also being passed on to the front line police stations.
Similarly, it would be best to deal with the case of preschool children and the case of’reporting more than two times’ first while operating a subspecialty unit in the metropolitan area. If you continue to take on tasks, your competence will inevitably improve. And you have to wait at least two years until you have enough expertise.”
-Then, what is the law you need now?
“Even if the child abuse site interferes with segregation measures, etc., the fines are being dismissed. The’disruptive act’ should be changed to criminal penalties so that the segregation measures are effective. In addition, the legal basis for creating more shelters is also clear. I need to present it.”
-What do you want to say to the lawmakers?
“I am not going to change the law recklessly. When the law or policy changes suddenly and it becomes difficult to work, the atmosphere in the field will inevitably result in desperation or voshinism. When there is a public opinion, I am not talking about reinforcing sentences or disclosing personal information. “We need to create a structure in which people in the field of child abuse can work according to the laws and manuals. Please stop this kind of legislation.”