가정폭력범죄 대응방안에 대한 재고찰

Abstract

Domestic violence is not merely a violence, but a violent crime such as murder. Therefore, it is required to examine whether the current ‘Special Acts on Domestic Violence’ is effective for the prevention of domestic violence crime, especially the prevention of the risk of domestic violence leading to serious crimes such as murder. If you look at the response to domestic violence in Germany, Switzerland and Austria, it is our top priority to protect victims. In particular, the recent increase in the risk of developing domestic violence as a felony crime, such as murder, protects the victim by actively engaging in civil and early intervention to prevent the development of domestic violence as a felony. In the case of Germany, it recognizes that there is a limit to the criminal legal action, and it is evaluated that it is establishing domestic violence policy by civil legal action. Therefore, it is necessary to consider "victim protection" as the top priority of the response policy against domestic violence. It is necessary to review the viewpoint of responding to domestic violence focusing on "victim protection" through civil early intervention. If the result of attempted homicide by domestic violence crime occurs, it is necessary to actively and urgently protect the victim. Domestic violence that caused the result of attempted murder is not subject to protection, but it is necessary to include the murder of domestic violence crime in order to actively implement the protection measures for the victim. The current ‘Special Acts on Domestic Violence’ focuses primarily on physical violence and does not include economic violence, such as not giving a spouse a living allowance. Therefore, it is necessary to consider adding the contents of "fulfillment of obligation to support" or "payment of a family allowance" to victim protection order.