@article{ART002291423},
author={Park Hyun Jeong},
title={A Critical Study on the Discussion on the Introduction of 'Clare's Law' as the Current Status of Date-crime and Prevention},
journal={Legal Theory & Practice Review},
issn={2288-1840},
year={2017},
volume={5},
number={3},
pages={101-127}
TY - JOUR
AU - Park Hyun Jeong
TI - A Critical Study on the Discussion on the Introduction of 'Clare's Law' as the Current Status of Date-crime and Prevention
JO - Legal Theory & Practice Review
PY - 2017
VL - 5
IS - 3
PB - The Korea Society for Legal Theory and Practice Inc.
SP - 101
EP - 127
SN - 2288-1840
AB - Date crime has recently begun to appear as brutal and ferocious behavior. Therefore, there is a lot of discussion about its own sanction regulation. However, regarding the provisions of independent criminal sanctions, Initiated by a legislative body, the Legislation-Judiciary Committee worried the abuse of individual law and adhered to the idea of establishing a solution through existing laws or by amending existing laws. Thus, no special law on date crime has been adopted. In this situation, date crime is increasingly spreading and its behavior is steadily rising to constant, repetitive and brutal types of cases.
Currently, there is no specific provision for date crime, so punishment for assailant or protection of victims relies on other laws. For this reason, the perception of the violence among the lovers and the passive coping of the investigation agencies are causing the social anxiety about the date crime.
So the interest in date crime, it was suggested that a system should be established for prevention. In addition, discussions are underway on the introduction of preventive measures such as the 'Clare’s Law'.
It is a scheme to prevent the violence of date crime by letting the potential victim decide whether to maintain the lover relationship by checking the violent criminal record of the potential offender. However, regarding the introduction of the 'Clare’s Law', there remains a need to resolve the issue of human rights violations under the Constitution of Information Disclosure System and the adverse effects of stigma effect in criminal policy. In other words, the disclosure of information should discuss not only the issue of human rights violation, but also the scope of authority to request information disclosure, the disclosure period of the criminal information, and the management and supervision of the disclosed information.
For these reasons, it is considered premature to introduce a precautionary system for the protection of victims in the present situation in which there is no system for date crime. Therefore, from the perspective of constitution and criminal law, the possibility and necessity of introduction should be considered sufficiently.
KW - Clare’s Law;Human rights violation;Stigmatizing effect Date Crime;Criminal Records.
DO -
UR -
ER -
Park Hyun Jeong. (2017). A Critical Study on the Discussion on the Introduction of 'Clare's Law' as the Current Status of Date-crime and Prevention. Legal Theory & Practice Review, 5(3), 101-127.
Park Hyun Jeong. 2017, "A Critical Study on the Discussion on the Introduction of 'Clare's Law' as the Current Status of Date-crime and Prevention", Legal Theory & Practice Review, vol.5, no.3 pp.101-127.
Park Hyun Jeong "A Critical Study on the Discussion on the Introduction of 'Clare's Law' as the Current Status of Date-crime and Prevention" Legal Theory & Practice Review 5.3 pp.101-127 (2017) : 101.
Park Hyun Jeong. A Critical Study on the Discussion on the Introduction of 'Clare's Law' as the Current Status of Date-crime and Prevention. 2017; 5(3), 101-127.
Park Hyun Jeong. "A Critical Study on the Discussion on the Introduction of 'Clare's Law' as the Current Status of Date-crime and Prevention" Legal Theory & Practice Review 5, no.3 (2017) : 101-127.
Park Hyun Jeong. A Critical Study on the Discussion on the Introduction of 'Clare's Law' as the Current Status of Date-crime and Prevention. Legal Theory & Practice Review, 5(3), 101-127.
Park Hyun Jeong. A Critical Study on the Discussion on the Introduction of 'Clare's Law' as the Current Status of Date-crime and Prevention. Legal Theory & Practice Review. 2017; 5(3) 101-127.
Park Hyun Jeong. A Critical Study on the Discussion on the Introduction of 'Clare's Law' as the Current Status of Date-crime and Prevention. 2017; 5(3), 101-127.
Park Hyun Jeong. "A Critical Study on the Discussion on the Introduction of 'Clare's Law' as the Current Status of Date-crime and Prevention" Legal Theory & Practice Review 5, no.3 (2017) : 101-127.
