The problem of elder abuse is increasing every year, so we need to be careful because it is subject to heavy criminal punishment.

Recently, the number of reports of elder abuse seems to be increasing every year. In fact, according to the National Police Agency, the number of 112 reports of elder abuse in the first half of this year was calculated to be 5,958. This figure is already half of last year’s 11,918 cases.

As we approach a super-aging society, the elderly population is increasing day by day, but elder abuse is not decreasing and is emerging as a serious problem. Accordingly, in Korea, specialized institutions for elderly protection are being operated throughout the country, including in Seoul, Incheon, Suwon, and Ulsan, and there are also regions that are setting up separate shelters exclusively for elderly victims of abuse.

Most elder abuse problems like this occur at home or within welfare facilities. Although it is the government's responsibility to care for and protect the elderly, who are socially vulnerable, it is primarily the responsibility of children at home and welfare facility workers, so when this is not done properly, abuse problems frequently occur.

Elder abuse refers to physical, mental, emotional, sexual violence, economic exploitation or harsh treatment, abandonment or neglect of the elderly. This is stipulated in Article 1-2 of the Elderly Welfare Act, and those who commit abuse are punished.

Under any circumstances, detaining or abusing another person's body without reasonable cause should be punished, but it is rare for elder abuse within the home to lead to punishment due to the special nature of it being between family members. Criminal charges entail punishment, but parents withdraw the charges because they do not want their children to be punished. In some cases, there are cases where punishment is not possible if an agreement is reached.

However, cases of elder abuse by welfare facility workers are different. If an employee of a facility such as a senior welfare facility violates an act prohibited under the Senior Welfare Act, he or she is subject to aggravated punishment, and if a corporation neglects its duty of careful supervision to prevent violations, the double punishment provision can be applied.

Any act of using money or valuables gifted or paid to an elderly person for purposes other than the intended purpose may be punishable by imprisonment for up to 3 years or a fine of up to 30 million won, and other illegal acts are punishable by imprisonment of up to 5 years or a fine of up to 50 million won.

Since the acts subject to punishment for elder abuse are clearly defined, and the acts subject to employment restriction orders are also limited, if you are unfairly at risk of punishment for an incident related to elder abuse, it is important to seek legal assistance from a criminal lawyer and clearly demonstrate that your actions do not constitute elder abuse.

Help: Attorney Kim Geun-soo of Daeryun Law Firm (Limited)

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