가정폭력범죄에 대한형사사법기관의 대응에 관한 비판적 고찰

Abstract

The purpose of this research is to investigate the current laws and policies on responding crimes of domestic violence in criminal justice system and establish reform measures. After reviewing the statistics related to the crimes of domestic violence, I conclude that criminal justice agencies failed to prevent crimes of domestic violence effectively in our society. I think that the reasons of this failure lies on the legal system in Korea. In Korea, the Act on Special Cases Concerning the Punishment, Ect. of Crimes of Domestic Violence(the Punishment of Domestic Violence Act) provides for special provisions on procedures for the criminal punishment of crimes of domestic violence. And to regulate offenders and protect victims against domestic violence, this law regulates ①mandatory report, ②emergency measures concerning crimes of domestic violence, ③ad hoc measures, ④urgent ad hoc measures, ⑤home protection cases, ⑥protective disposition, ⑦victim protection orders, ⑧compensation orders. A number of scholars and stakeholders have criticised the Punishment of Domestic Violence Act. First, current law has less concentrate on protecting victims than regulating offenders. Second, urgent ad hoc measures have little effectiveness and some juridical problem. Third, the protective dispositions on the perpetrator cannot contribute to deter recidivism. Finally, until now the victim protection orders have not been used very frequently. The following items can be suggested as solutions and alternatives for the issues. First, it is necessary to establish clear criteria of distinction between normal criminal case and home protection case. Second, it is needed to do benchmarking Domestic Violence Protection Notices and Domestic Violence Protection Orders in U.K. Third, it is need to make the victim protection measures more clear to avoid confusion by victims and law enforcement officers. Fourth, it also necessary to consider introduction of mandatory prosecution policy and the system of domestic violence court.