Our client is the owner of a business that operates and supervises children, and an employee working at the business was accused by the guardians of the victim child, Erin, of physically abusing her several times when she vomited with food in her mouth. Violation of the Child Welfare Act, Violation of the Special Act on the Punishment of Child Abuse Crimes (severe punishment for child abuse by child welfare facility workers, etc.) and if he is punished with more than a fine, it could affect his livelihood, forcing him to close his business, so he came to Ongang Law Firm in urgency.
Case Issues
It was important to obtain factual statements from the employees who attended the actual meeting and prepare an opinion as to why the client should not be subject to the penalty for failure to supervise and why the penalty should not apply, based on the fact that the client had regular meetings with employees regarding child abuse.
Troubleshooting
The defense team secured a factual statement from colleagues that the client did not routinely fail to exercise due care and supervision in preventing child abuse, and prepared and submitted a written opinion to the investigating authorities as to why the client should not be subject to the penalty for these efforts. 'No charge (insufficient evidence)' and our client was able to return to his normal life without the risk of criminal penalties.
