데이트 폭력에 대한 경찰권 발동의 법적 문제 -일본의 DV(Domestic Violence) 방지법 개정 동향을 중심으로-

Abstract

So called Date Violence that has become a social problem beyond a private thing claims to be arranged systematically. The necessity of aggressive and preliminary intervention of police power increase in that neglected Date Violence may develop into more serious crimes. Date Violence in Japan had been dealt as a criminal problem like Korea. However recently it is covered with a special law reflecting social consensus concerning the gravity of Date Violence. That is the revision and expansion of the exiting law of prevention of violence from partner and protection of victims. Although it is not the method of independent enactment it can be estimated highly that it includes Date Violence as being regulated legally. But inspecting details shows the limitation of applicable cases. It features living together sharing common base in spite of no intention of marriage because the legal concept of general date is not clear. It is told to provide police power with the ground of intervention into Date Violence. But it is criticised that the limited application decrease the effect of revision. By the way Date Violence between partners not sharing common base can be ordinated in the law of stalker prevention. In korea there is not yet legislative measures about Date Violence and Stalker prevention and so the authority of aggressive intervention of police power can not be found easily. Non-intervention into privacy of civil affairs should be reviewed in terms of the limitation of police power. When it comes to enaction based on related disussion legislative measures and suggestion in Japan need to be surveyed.