여성 결혼 이민자에 대한 가정폭력 방지 및 그 보호에 관한 법적 고찰

Abstract

This study handles the law on prevention of domestic violence and the protection which is recently coming to the fore as the society's big concern as international marriage has rapidly increased since 1990 and a term called ‘multi-cultural families’ was made. As domestic violence of international marriage women can be the result of absence of unfair and irrational legislation and countermeasures against it, analysis on legal imperfection based on the real condition of domestic violence of marriage immigrant women is necessary to eradicate it. Actually, the enforcement ordinance of the National Act(Article. 3, Clause 2) has found that there are several factors which is difficult for marriage immigrant women to overcome to acquire citizenship. As legal stay of marriage immigrants completely depend on intention of Korean spouses under current law (Article 5, Clause 1of the Nationality Law), unfair authority relations are formed in families and marriage immigrant women receive unfair treatment that their marriage reasons are cancelled or they will be deported if they clarify their spouse' full faults even through their domestic violence behaviors for continuous married life. Therefore, treatment of legal and political support that the laws related to women as well as the prevention law of domestic violence are applied to international marriage immigrant women will be the protective device that they can settle in Korea as a member of the multi-cultural society. It tries to suggest the legislative operational plan that immigrant women who received violence damage can adapt to our society and be independent by comparing and reviewing the legal guidelines which respond to crimes of domestic violence in the advanced countries and the relevant laws that Korea is now handling with each other and improving riskiness of domestic violence of marriage immigrant women.