Man in His 40s Referred for 'Child Abuse' After Pushing Son Who Threw a Tantrum Saying "I Won't Go to School" Not Indicted

A father in his 40s who was referred on child abuse charges for pushing his son's body while disciplining him for refusing to go to school received a non-indictment decision.

According to the legal community on the 25th, the Goyang Branch of the Uijeongbu District Prosecutors' Office issued a non-indictment decision on the 6th, for insufficient evidence, for Mr. A, a man in his 40s who had been suspected of violating the Child Welfare Act (child abuse).

Mr. A was charged with committing physical abuse by pushing his son B's body twice with his hands during a scuffle on the street in June, when B refused to go to school.

However, Mr. A denied the charge, saying his son had become agitated and swung his fists, and that he had merely pushed the boy's body to create distance, with no intent to commit physical abuse.

The prosecution accepted Mr. A's argument. Analysis of on-site CCTV confirmed the son lunging at and hitting Mr. A.

The prosecution judged that Mr. A's act of pushing his son could not be regarded as assault of a degree unacceptable by social norms, and was closer to a justifiable act or self-defense. It also took into account that the son suffered no external injury and that there was no circumstance indicating Mr. A had assaulted his son before.

Attorney Jeon Hyo-cheol of Daeryun Law Firm, who represented Mr. A, said, "For an act of physical abuse under the Child Welfare Act to be established, the exercise of physical force to a degree harming the child's health and development—beyond mere physical contact—must be recognized," and "Thanks to swiftly securing on-site footage containing the substantive truth through means such as a request for disclosure of public illegal parking enforcement CCTV information, we were able to objectively prove that Mr. A had only responded passively and defensively."

Reporter Jeong Cheol-uk

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Man in His 40s Referred for 'Child Abuse' After Pushing Son Who Threw a Tantrum Saying "I Won't Go to School" Not Indicted (Go to)