Accession Number:

ADA456385

Title:

Unique Problems in Prosecuting Child Abuse Cases Overseas

Descriptive Note:

Research thesis

Corporate Author:

JUDGE ADVOCATE GENERAL'S SCHOOL CHARLOTTESVILE VA

Personal Author(s):

Report Date:

1991-04-01

Pagination or Media Count:

90.0

Abstract:

This thesis examines the unique problems present in prosecuting military family child abuse cases in the Republic of Korea ROK. Research has shown that military families overseas tend to have higher levels of stress, hence they tend to be more prone to violence. Child abuse statistics bear this out. The thesis postulates that the reason why the identification, treatment, and prosecution of child abuse is more difficult in the ROK is partially due to cultural attitudes toward childrearing and Korean law. Finally, the thesis examines the impact of international agreements on the prosecution of child abuse cases overseas. The author concludes that the prosecutor of child abuse overseas must understand both the cultural and legal milieu of the country in which the abuse has occurred, and the impact of international agreements on the case. Following an introductory chapter, Part I, Chapter II, examines Child Abuse in the Military, including historical background, child advocacy in the military overseas, stress and the military family, child protection overseas, and cultural concepts of child maltreatment. Part I, Chapter III, the Concept of Law in Korea, focuses on historical background and current law. Part II, Chapter I, presents case histories of child abuse cases in the ROK. Part II, Chapter II, Impact of Status of Forces Agreements, looks at the applicability of SOFA and its effects. Part II, Chapter III, Prosecuting Child Abuse under the UCMJ, examines the application of the UCMJ and charging options. Part II, Chapter IV, Production of Witnesses and Evidence, discusses SOFA provisions and the Manual for Courts-Martial Provisions. Part II, Chapter V, Search and Seizure, also discusses SOFA provisions and Manual for Courts-Martial Provisions. Recommendations are provided.

Subject Categories:

  • Sociology and Law
  • Psychology
  • Military Forces and Organizations

Distribution Statement:

APPROVED FOR PUBLIC RELEASE