영유아 장애아동을 대상으로 한 보육교사 행위의 신체적 학대 성립 여부에 관한 판례연구

Abstract

The purpose of this study was to examine the judgment criteria used in the legal system for physical abuse by childcare teachers for infants and toddlers with disabilities by analyzing the relevant precedents; this is also expected to contribute to the ongoing discussions regarding this topic. The research method analyzes the judgment criteria using a qualitative research method, ➀ the important legal applications of the judgment, and it also ➁ selects two cases in which the behavior of childcare teachers around infants and toddlers with disabilities was established as physical abuse and finally examines the effect of the presence of direct tangible force on the court judgment of physical abuse. As a result, it was confirmed that criteria that are at the discretion of the judge are applied to the judgment of innocence even if there is a direct exercise of tangible power. It was also confirmed that the discretion of the judge plays an important role in determining the final inclusion of judgment criteria that take into account various situations that can be considered as physical abuse harming the health and development of the body, even without a direct exercise of tangible power. On the other hand, the judge's discretionary judgment showed that the characteristics of the disability were applied as a major factor. The results of this research present implications that can contribute to ongoing discussions about the judicial, legislative, and administrative aspects of this type of physical abuse.