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Remedies : Human Rights Violations in a Child Welfare Institution [2007] KRNHRC 25 (1 July 2007)

In July 2007, a complaint was filed with the Commission that the President of "J" Child
Welfare Institution made verbal and physical abuses against children. After investigation,
the Commission reported the President to the Public Prosecutor General, on charges of
violation of Article 29 of the Child Welfare Act, and recommended the Head of "K"
District Office who was responsible for supervising "J" Child Welfare Institution to
strengthen supervision and monitoring to prevent recurrence of similar incidents, improve
child welfare, and enhance the operation of the institution.
It was found that the respondent neglected his duty to protect and care for children by
making verbal and physical abuses against children in the institution, frequently cursing
and using vulgar words, and inflicting corporal punishment on children in the name of
discipline. In addition, the respondent restricted parents from meeting their children
outside the institution, saying that the attitude of some parents was not appropriate. He also
restricted children from going or staying outside the institution with their parents and
communicating with their parents. The Commission ruled that the respondent violated
basic principles of the Child Welfare Act, which stipulates that interest of children should
be the top priority in all activities related to children, failed to fulfill the duties to protect
rights of children to the maximum extent and provide counseling and guide to help
children in the institution go back to their family in accordance with Article 18 of the Child
Welfare Act, and violated children's right to pursue happiness.