경찰의 가정폭력 현장대응역량 제고방안 연구

Abstract

Domestic violence is a pattern of behavior which involves the abuse by one partner against another within the family. Domestic violence can take many forms, including physical aggression or assault(hitting, kicking, biting, throwing objects, battery). In the past, domestic violence has been viewed as a private family matter that needed not police response or an involvement of criminal justice. But, the domestic violence is a criminal offence that should be dealt considerably by criminal justice system including police. In Korea, there are two special law regulating domestic violence; one is ‘Domestic Violence Victims Protection Act’, the other is ‘Domestic Violence Criminals Punishment Act’. Recently, Domestic Violence related Acts have been revised for police to protect victims effectively while managing the domestic violence cases. However, when police officers take temporary measure or emergency measure against domestic violence victims and offenders, there might be some limitation in criminal procedure and law enforcement. This study suggests several ways to improve the current law regulating the domestic violence. Firstly, two Domestic Violence related Act should be consolidated to deal with the domestic violence cases more effectively. Secondly, the procedure of police temporary measure and emergency measure should be revised to protect victims more practically because those who disobey the police order are penalized by not a criminal punishment but an administrative action by current laws. Thirdly, special facilities, such as shelter, for offenders should be provided to protect victims for sure.