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A Legislative Alternative for Spouse-Violation Victim's Protection

  • DONG-A LAW REVIEW
  • 2009, (43), pp.161-191
  • Publisher : The Institute for Legal Studies Dong-A University
  • Research Area : Social Science > Law

Kim yonghua 1

1숙명여자대학교

Candidate

ABSTRACT

A family based on a heterosexual marriage and blood ties is generally considered as a standard unit of a community. The Family system, one of the oldest, most universal institutions of human history, has been shaping its unique cultures as a means of settling biological instincts, interchanging mutual sympathy, reproducing and parenting based on the affection among its members, while accommodating social changes. The system however, doesn't have only positive and constructive aspects as stated above. It also has negative aspects such as occasional or continuos physical(including sexual abuses) and psychological violences invoked by conflicts among family members(especially between spouses). The penalty for these violences in real life, unfortunately, has been relatively light even though it goes beyond the limits. It's because not only the harmers but also the state recognize the violations not as crimes but as matters of simple household affairs. The laws has been hesitant in punishing the spouse outragers otherwise it may not have as to the violences between strangers. It hasn't been challenged until recently even though the violences committed by spouses has been repeated conventionally. Especially, wives, in all ages and countries, has been composing a large portion of the victims exposed to long standing abuses from their husbands, ending up on a suicide or a murderee or a murder(of their spouses). These ritual spouse-abuses have been reinforced by sociocultural criterions and traditions based on patriarchal system, and through which sexual discriminations and economical inequalities can be sustained. Furthermore as is often the case, there have been frequent occasions when the incidences of violations have been suppressed or reduced because both of the victims and harmers would like to cover up the reality. This research, therefore, will try to review the current legal system for protecting spouse violation's victims to see if there are rooms for controversies, finally to study out a legislative alternative for spouse violences.

Citation status

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