가정폭력 사건에 대한 수사단계의 문제점과 효율적 대응방안

Abstract

The overall investigation procedures of a domestic violence have been improved while some insufficient or wrong systems have been corrected and some necessary measured have been adopted as the Domestic Violence Special Act has been repeatedly revised for almost 20 years since it was enacted first. However, our responding measures against a domestic violence (DV) are not working effectively yet. While doing so, it can be considered that a certain level of outcome for protecting a victim has been accomplished compared to the past as some provisions for urgent temporary measures, victim protection order and one’s safety measures, etc, have been adopted additionally until now. But, it can be assumed that it is hard to be considered that such measures are some main functions of such a current act on special cases. Thus, there is gradually encouraged an argument that it is necessary to change the basic direction of an act on special cases rather than to amend it partially. The procedure of a punishment against a domestic violence must not been executed centered on the prosecution and the basic direction of the procedure must be changed to a police and court-oriented one in order to coincide with the characteristics of a domestic violence. And such a way of procedure is an international trend, too. From such an aspect, some authority must be endowed to the police clearly in order for the police to respond a domestic violence efficiently from the investigation stage. Since it can be considered that a temporary measure or an emergency temporary measure is a type of the police commands to be made for preventing or resolving an impending risk, the relevant act must be amended in order for the police to apply for an investigation to a court directly while excluding the involvement of the prosecution. Since it is specified that a domestic violence case is specially treated as a home protection case, it is not appropriate to make the prosecution to treat it under the central position in the same way as another kind of criminal case. In case of a domestic violence, basically it is more appropriate to solve a problem in the way of judge a case exceptionally by picking out some criminal contents while treating it as a protection case, but not as a criminal case. And in case that two purposes, that is, ‘Protection’ and ‘Victim Protection’ as suggested in the current laws are conflicted against each other, a victim protection must be preferred. However, actually two purposes can cause some confusion while an act is applied. Thus, it is considered that it is more proper to erase the provision on ‘Protection’ from the relevant laws. On the other hand, since the legal action procedures for a domestic violence must be different from other general ones for a criminal case while being considered the distinct characteristics of such a domestic violence, it is suggested that it is necessary to introduce and operate a home violence exclusive court from a long-term perspective.