거절살인, 친밀한 관계 폭력 규율에 실패해 온 이유: 강압적 통제 입법화 중요성과 과제

Abstract

Given the fact that Family Violence Act applies to such a legal or de facto family relationship, there is a very limited way to respond to intimate partner violence in South Korea. Although there is such a criminal law which can deal with the issue of intimate partner violence, it does not identify the mechanism by which intimacy and control play a role in intimating and threating victims/survivors of intimate partner violence. In the context of tolerating perpetrators of family violence, it is very difficult for victims/survivors of intimate partner violence to seek protection and safety. However, investigating and responding to intimate partner violence, it is very important to recognize and identify coercive control. It has been confirmed that women were killed because they rejected coercion and control exercised by perpetrators. They were fatally injured because they rejected to stay in a relationship. In this respect, intimate partner violence including family violence is a matter of gender inequality rather than individual psychological pathology. Unlike South Korea, which is hesitant to even punish physical violence, other countries are already punishing or are about to enact laws for controlling acts that do not involve physical violence. If a ‘control crime’ is recognized, the person can be sentenced to five years in prison in the UK and Ireland, seven to 14 years in Australia, and up to 14 years in Scotland. Some states in the US are regulating coercive control through domestic violence laws, and legislation is underway in Canada. Considering the frequency of dating violence and the tragic consequences such as victim’s death, it is very significant for legal system to respond to a dangerous form of intimate partner violence, coercive control. Fortunately, National Assembly of the Republic of Korea proposed a revision of Domestic Violence Punishment Act criminalizing coercive control and abolishing poisonous clauses which exacerbate victims/survivors vulnerable situations. It is time to create a new legal basis for preventing intimate partner violence and provide strong protection for victims/survivors through a comprehensive and entire revision of the Domestic Violence Punishment Act.