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Improvement of Legal System about Domestic Violence

  • Legal Theory & Practice Review
  • Abbr : LTPR
  • 2021, 9(2), pp.37-58
  • Publisher : The Korea Society for Legal Theory and Practice Inc.
  • Research Area : Social Science > Law
  • Received : April 14, 2021
  • Accepted : May 17, 2021
  • Published : May 31, 2021

Kim Jan Di 1

1건국대학교

Candidate

ABSTRACT

Korea has enacted and enforced the Act on Punishment of Domestic Violence based on the measures against offenders and the Act on Prevention of Domestic Violence based on the protection/support for victim, to cope with domestic violence. Since such acts on domestic violence are separated, however, both acts are weakly interconnected. They primarily intend to discipline/punish the offenders, but to ultimately protect the victims and facilitate the peace, stability and recovery of homes. The measures against offenders and the protection for victims are not separate issues, but are eventually methods for achieving a common goal, though they approach domestic violence from different perspective. This paper, therefore, proposed that a comprehensive law should be enacted in embodying a new legal system about domestic violence. In other words, it is necessary to enact the 'Domestic Violence Prevention Act', by integrating to two acts, and not only the discipline against domestic violence offenders but also the protection/support for victims should be contained in it. The existing acts should be adjusted to rationally cover both the discipline against offenders and the protection for victims through police officers' initial responses, probation and the victim protection order system, under a single legal system, while the system of cooperation with related agencies should be also established.

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