Daughter-in-law left home due to domestic violence, parents-in-law sued for ‘child neglect’… Prosecutors dismiss appeal following non-indictment

The parents-in-law filed a complaint of neglect against a woman in her 40s who left home because of her husband's domestic violence, but the prosecution decided not to file an indictment.

According to the legal community on the 16th, the Suwon High Prosecutors' Office dismissed the appeal of A's in-laws, B, to reconsider the non-indictment of A, a woman in her 40s who was accused of violating the Child Welfare Act (child abandonment/neglect) on March 14.

Previously, Mr. B sued Mr. A for child abandonment and neglect, saying that after a fight with her husband in 2019, Ms. A left home, cut off contact, did not return, and did not pay child support.

Ms. A denied the charges, saying that her parents-in-law blocked her from interacting with her children by changing the password on the front door, and that it was impossible to agree on child support because she left home because she could not overcome her husband's domestic violence.

The prosecution confirmed that Mr. A's claim that he was unable to reach an agreement on child support because he left home due to domestic violence was consistent with Mr. B's statement. At the same time, both parents are responsible for raising children, but in this case, the final responsibility for raising children was held by Ms. A's husband. Accordingly, it was determined that Mr. A could not be considered to have intentional neglect simply because he did not pay child support.

Mr. A's parents-in-law appealed against the prosecution's decision, but the prosecution also maintained its decision not to indict Suwon High Prosecutors' Office, which reinvestigated the case.

Attorney Park Se-hoon of Daeryun Law Firm, who represented Mr. A, said, “For neglect under the Child Welfare Act to be recognized, there must be intentionality in not taking action despite knowing that child support was necessary.” He added, “It was accepted that Ms. A was unable to smoothly contact her children due to interference from her parents-in-law, so intentionality was not recognized.”

Reporter Jeong Cheol-wook

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Daughter-in-law left home due to domestic violence, parents-in-law sued for ‘child neglect’… Prosecutors dismiss appeal following non-indictment (Shortcut)