The client allegedly physically abused the child by hitting the child on the head once on June 2023, serving moldy apple jam on July 2023, making potato pancakes with expired tempura flour, and serving red bean shaved ice with expired milk, violation of the Special Act on the Punishment of Crimes of Child Abuse, and violation of the Child Welfare Act.and violation of the Child Welfare Act.
Case Issues
The issue in this case was whether a single blow to a child's head constituted abuse, and whether the food ingredients, such as mold, expired flour, and milk, were as problematic as the complainant alleged, and if so, whether they amounted to child abuse.
Troubleshooting
Ong Kang's defense attorneys tried to argue that their client's single touch of the child did not constitute assault, but rather legitimate discipline.
So, I gathered case law relevant to the issue and presented it to the investigator, arguing that, in light of other case law, this complaint constituted fair discipline and not abuse. Next, with regard to the food, we disputed whether it was truly moldy. We argued that it was not probable cause to report the food as moldy due to browning.
In addition, with respect to flour and milk, we tried to explain to the investigators that it was possible that the products were normal and not expired, and that even if they were expired, the provision of these foods alone would not prove guilt of child abuse.
The law enforcement agency accepts everything you say, and ultimately decides to make the non-referral decisionto deport you.
