An overview of the incident:
Our client is a daycare center assistant who committed acts of physical abuse during the disciplinary process when a child in her charge did not take a nap and repeated certain behaviors. She was accused of violating the Child Welfare Act by pressing and pinching the child's arm with her fingers on several occasions.
■ Case Issues:
A case of physical abuse during discipline by a child care worker, where the main issues were the client's immaturity, sincere remorse, and efforts to prevent reoffending.
On-river assistance:
Ongang Law Firm's defense team carefully analyzed the case and actively argued that the client had admitted all the facts of the crime and was deeply remorseful. Specifically, the client sincerely apologized to the legal representative of the victim child immediately after the incident and promised to submit a settlement agreement and non-punishment petition, emphasizing that he was striving for an amicable settlement.
She also submitted evidence that she has voluntarily taken child abuse training and is committed to preventing reoffense. She has lived a good life with a dream of becoming a nursery school teacher, and that this incident was accidental due to her immaturity and failure to control her emotions.
A number of petitioners, including family members, coworkers, and acquaintances, testified to the client's good behavior and sincere care for children. They emphasized the client's sincere desire to contribute to society by highlighting his past volunteer work.
We argued vigorously for leniency, arguing that our client was not a risk of reoffense, and we pleaded for a waiver of the work restriction order, explaining the enormous disadvantage it would have on our client's future with child-related organizations.
■ Result:
The court accepted ONGANG's defense and sentenced the client to a fine of KRW 6 million, 40 hours of child abuse treatment program, and a one-year ban on employment at a child-related organization. This was a result of the client's sincere remorse, efforts to prevent recidivism, and his young age, given the seriousness of the case.
Case outcome materials
