@article{ART003332753},
author={Choi, Eunrok and Kim, Jiwon and Lee, Yeonjae and Lee, Yoonseo},
title={Fundamental Rights Issues on Non-Punitive Measures for Dating Violence},
journal={아시아여성연구},
issn={1225-9241},
year={2026},
volume={65},
number={1},
pages={127-166}
TY - JOUR
AU - Choi, Eunrok
AU - Kim, Jiwon
AU - Lee, Yeonjae
AU - Lee, Yoonseo
TI - Fundamental Rights Issues on Non-Punitive Measures for Dating Violence
JO - 아시아여성연구
PY - 2026
VL - 65
IS - 1
PB - Research Institute of Asian Women
SP - 127
EP - 166
SN - 1225-9241
AB - Dating violence is currently a serious gender-based violence issue. While improvements to punitive measures are also necessary, this crime has a high likelihood of recidivism due to its unique characteristic of occurring within intimate relationships, making it essential to examine the fundamental rights issues surrounding non-punitive measures focused on preventing repeat offenses. First, the disclosure of suspect personal information creates conflicts between the perpetrator’s right to informational self-determination, the victim’s right to personal dignity, and the public’s right to know. The relevant legislation, the Serious Crime Personal Information Disclosure Act, raises concerns as it discloses the personal information of suspects whose charges have not been confirmed; however, it ultimately satisfies the principle of proportionality. Nevertheless, the development of the internet has changed the gravity of personal information disclosure compared to the past, necessitating further discussion regarding the perpetrator’s right to informational self-determination. Second, while there are currently no domestic regulations for disclosing criminal records, it is necessary to introduce such measures by referencing the UK’s Clare’s Law for the purpose of preventing potential victims. However, strict guidelines must be established to minimize infringement on the perpetrator’s fundamental rights. Third, restraining orders are currently only applicable under the Stalking Punishment Act. To protect victims, institutional improvements are needed, such as including dating violence in the Domestic Violence Punishment Act.
KW - dating violence;fundamental rights;the right to informational self determination;personality rights
DO -
UR -
ER -
Choi, Eunrok, Kim, Jiwon, Lee, Yeonjae and Lee, Yoonseo. (2026). Fundamental Rights Issues on Non-Punitive Measures for Dating Violence. 아시아여성연구, 65(1), 127-166.
Choi, Eunrok, Kim, Jiwon, Lee, Yeonjae and Lee, Yoonseo. 2026, "Fundamental Rights Issues on Non-Punitive Measures for Dating Violence", 아시아여성연구, vol.65, no.1 pp.127-166.
Choi, Eunrok, Kim, Jiwon, Lee, Yeonjae, Lee, Yoonseo "Fundamental Rights Issues on Non-Punitive Measures for Dating Violence" 아시아여성연구 65.1 pp.127-166 (2026) : 127.
Choi, Eunrok, Kim, Jiwon, Lee, Yeonjae, Lee, Yoonseo. Fundamental Rights Issues on Non-Punitive Measures for Dating Violence. 2026; 65(1), 127-166.
Choi, Eunrok, Kim, Jiwon, Lee, Yeonjae and Lee, Yoonseo. "Fundamental Rights Issues on Non-Punitive Measures for Dating Violence" 아시아여성연구 65, no.1 (2026) : 127-166.
Choi, Eunrok; Kim, Jiwon; Lee, Yeonjae; Lee, Yoonseo. Fundamental Rights Issues on Non-Punitive Measures for Dating Violence. 아시아여성연구, 65(1), 127-166.
Choi, Eunrok; Kim, Jiwon; Lee, Yeonjae; Lee, Yoonseo. Fundamental Rights Issues on Non-Punitive Measures for Dating Violence. 아시아여성연구. 2026; 65(1) 127-166.
Choi, Eunrok, Kim, Jiwon, Lee, Yeonjae, Lee, Yoonseo. Fundamental Rights Issues on Non-Punitive Measures for Dating Violence. 2026; 65(1), 127-166.
Choi, Eunrok, Kim, Jiwon, Lee, Yeonjae and Lee, Yoonseo. "Fundamental Rights Issues on Non-Punitive Measures for Dating Violence" 아시아여성연구 65, no.1 (2026) : 127-166.
