국문요약 ················································································1
❘제1장❘연구개요····························································27
제1절 연구의 필요성과 목적······································································29
1. 연구의 필요성·······························································································29
2. 연구 목적······································································································31
제2절 연구 내용 및 보고서의 구성····························································32
❘제2장❘아동학대의 현황과 쟁점 ····································35
제1절 아동학대의 발생현황········································································37
1. 공식통계상 아동학대 발생현황···································································37
2. 아동보호전문기관의 아동학대 발생통계 현황············································40
3. 여성가족부의 전국가정폭력실태조사상의 가정내 아동학대 발생 현황···58
제2절 아동학대 관련 쟁점··········································································63
1. 아동학대의 개념과 유형··············································································63
2. 아동학대의 원인···························································································66
3. 학대피해아동 특성························································································69
4. 학대 가해자 특성·························································································72
5. 가정내 학대··································································································76
6. 중복학대･복합학대･반복학대·······································································79
7. 시설내 학대··································································································84
8. 아동학대살인·································································································88

❘제3장❘아동학대의 일반적 특성 ····································95
제1절 조사방법 ···························································································97
1. 수사 및 재판기록 조사················································································97
2. 신문기사 분석·····························································································102
제2절 수사 및 재판기록조사 결과 나타난 아동학대의 일반적 특성········103
1. 아동학대의 처분 특성················································································103
2. 아동학대 가해자 특성················································································113
3. 학대피해아동 특성·····················································································120
4. 아동학대행위 특성·····················································································129
5. 상담 및 의료서비스 제공··········································································142
제3절 분석결과 요약················································································143
❘제4장❘아동학대의 유형별 특성 ·································153
제1절 가정내 아동학대와 시설내 아동학대··············································156
1. 처분 특성 비교···························································································156
2. 가해자 특성 비교·······················································································166
3. 피해자 특성 비교·······················································································172
4. 범행행위 특성 비교···················································································177
5. 상담 및 의료서비스 제공 비교·································································183
제2절 학령전 아동학대, 학령기 아동학대, 청소년 학대··························184
1. 처분 특성 비교···························································································194
2. 가해자 특성 비교·······················································································193
3. 피해자 특성 비교·······················································································198
4. 범행 특성 비교···························································································203
5. 상담 및 의료서비스 제공 비교·································································209
제3절 가정내 중복학대와 비중복학대·······················································210
1. 처분 특성 비교···························································································210
2. 가해자 특성 비교·······················································································217

3. 피해자 특성 비교·······················································································221
4. 범행 특성 비교···························································································225
5. 상담 및 의료서비스 제공 비교·································································231
제4절 친부모 학대와 그 외 가족학대······················································232
1. 처분 특성 비교···························································································232
2. 가해자 특성 비교·······················································································238
3. 피해자 특성 비교·······················································································242
4. 범행 특성 비교···························································································245
5. 상담 및 의료서비스 제공 비교·································································250
제5절 아동학대살인··················································································251
1. 아동학대살인사건 신문보도현황·······························································251
2. 아동학대살인의 일반적 특성·····································································252
3. 아동학대살인의 유형별 특성·····································································269
제6절 분석결과 요약················································································277
❘제5장❘학대피해아동 보호법제 ···································307
제1절 미국의 학대피해아동 보호법제·······················································309
1. 아동보호제도의 역사··················································································310
2. 학대피해아동 보호법제··············································································323
3. 학대피해아동 보호실무··············································································338
제2절 영국의 학대피해아동 보호법제·······················································347
1. 아동보호제도의 역사··················································································347
2. 아동학대 관련 법률···················································································348
3. 학대피해아동 보호실무··············································································358
제3절 국제연합법상 학대피해아동 보호법제·············································363
1. 아동권리에 대한 제네바 선언···································································364
2. 아동의 권리선언·························································································364
3. 아동의 권리에 관한 국제협약···································································365
4. 아동학대 관련 협약상 권리·······································································366

제4절 일본의 학대피해아동 보호법제····················································· 370
1. 아동학대방지법···························································································370
2. 아동학대의 정의·························································································371
3. 국가 및 지방자치단체의 책임···································································372
4. 조기발견제도······························································································372
5. 신고 후의 조치···························································································373
6. 기타: 지역네트워크····················································································373
7. 결론·············································································································374
제5절 우리나라의 학대피해아동 보호법제················································374
1. 아동복지법··································································································374
2. 아동학대범죄의 범죄 등에 관한 특례법··················································384
3. 실무: 중앙아동보호전문기관······································································388
❘제6장❘학대피해아동 보호법제 개선방안····················391
제1절 아동학대 관련법에 대한 비판적 검토············································393
1. 『아동복지법』에서 『아동학대처벌법』으로 ···············································393
2. 학대피해아동 지원문제··············································································399
3. 위탁양육과 입양·························································································401
4. 가중처벌의 필요·························································································403
5. 아동보호전문기관의 위원회 전환······························································404
제2절 아동학대 관련 영역별 개선방안 ·····················································404
1. 아동학대 예방 강화···················································································404
2. 아동학대 조기발견 및 조기개입 활성화··················································408
3. 학대피해아동 보호지원 강화·····································································412
참고문헌 ···········································································419
부록 : 수사 및 재판기록 조사지 ·······································431

기초연구는 부족한 상황으로 가정폭력피해조사나 아동보호기관 자료에 의존하고 있다. 따라서 형사사법기관에서 인지한 아동학대 발생실태와 처벌현황에 대한 연구를실시할 필요가 있으며, 『아동복지법』, 『아동학대 특례법』, [아동학대 예방 및 피해아동조기발견･보호 종합대책] 등 학대피해아동 보호법 및 제도 현황을 분석하여 개선방안을 제시할 필요가 있다.더불어 서구의 경우 아동학대 살인･치사는 개념정의의 모호함 등으로 과소추정문제가 꾸준히 제기되고 있고, 이에 형사사법기관과 의료기관간의 연계를 통해 아동학대 사망에 대한 정의와 진단 기준을 마련하였다. 국내에서도 아동학대로 인해 사망하는 아동이 꾸준히 발생하고 있으나, 정확한 사망통계가 집계되고 있지 않으며, 아동학대 사망사건에 대한 연구가 극히 부족한 상황이다. 이에 아동학대 사망사건에 대한연구를 통해 실태와 특성을 밝히고, 아동학대 사건 중에서 사망에 까지 이르게 하는위험요인이 무엇인지, 즉 사망사례 예측요인을 분석할 필요가 있다.