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A Study on the Improvement and Analysis of Domestic Violence Special Act - Focus on exploring the method of response to domestic violence for the police -
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가정폭력특례법 분석 및 개선방안 연구 - 경찰 단계에서의 가정폭력 대응방안 모색을 중심으로 -

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Type
Academic journal
Author
Journal
한국경찰학회 한국경찰학회보 한국경찰학회보 제14권 제3호 KCI Accredited Journals
Published
2012.1
Pages
3 - 24 (22page)

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A Study on the Improvement and Analysis of Domestic Violence Special Act - Focus on exploring the method of response to domestic violence for the police -
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The basic unit of society is the family. The family that domestic violence happens has definitely something to do with social stability, but the domestic violence in Korea is simply considered as a private matter of each family. Plus, people think that it is not appropriate to intervene in the domestic violence by the laws and social communities. However, the domestic violence is clearly a criminal action because there could be serious crimes such as murder or severe violence by lethal weapons. Some police intervention might have worsened the situation where there was domestic violence in the family, and there was the atmosphere that judiciaries should not get involved in private matters for the peace of family. Nonetheless, it is quite important for investigation agencies to tackle the domestic violence at the first stage because of the current social trend repeating and expanding it to the other families. For that reason, the law of dealing with the domestic violence has been revised for police to protect victims, minimize them while managing the domestic violence cases, and take action immediately for those crimes. Accordingly, police are expected to respond more actively to the domestic violence than before. However, when it comes to the police temporary expedient against the domestic violence, there might be some limitation of criminal procedures and vacancy of criminal punishment. Thus, this study suggests several ways of improving the current law of the domestic violence like following. Firstly, an article, which enables police to bring offenders arbitrarily with extra punishment on their violation of the police temporary expedient for it, should be made in the new law/Act. Secondly, special facilities like shelter for victims should be provided to protect them more effectively. Futhermore, the procedure of police temporary expedient should be simplified to protect victims more practically because it is not a criminal measure but an administrative action.

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