‘자녀살해 후 자살사건’과 아동학대에 관한 비교법적 연구 - 일본과 호주를 중심으로 -

초록

Filicide–suicide represents one of the most extreme forms of child abuse, yet only recently has it begun to be examined from the perspective of child maltreatment. The death of a child, irrespective of the child’s own will, must not be disguised as a collective family suicide, but should instead be recognised as a serious category of child abuse. Nonetheless, the definition, classification, and statistical treatment of filicide–suicide within the framework of child abuse remain underdeveloped. This is due in large part to the ambiguity of the current Child Welfare Act and Act on the Punishment of Child Abuse Crimes, which often leads investigative authorities to treat such incidents merely as homicide or attempted homicide. When viewed solely through this lens, surviving children are denied recognition as victims of child abuse, thereby losing access to established systems of protection and support. This article undertakes a comparative legal examination of Japan and Australia to demonstrate the necessity of approaching filicide–suicide through the framework of child abuse and proposes several legal and institutional reforms. First, as a legislative measure, the Act on the Punishment of Child Abuse Crimes should be amended to include homicide and attempted homicide within the scope of child abuse crimes, ensuring that the protection and support system for victims operates even where no prior abusive conduct is evident. In addition, pending such reform, practical improvements should be sought through proactive interpretation of the law, revision of police guidelines, expansion of information-sharing within the child abuse reporting system, and the establishment of regular surveys and preventive mechanisms.

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