가정폭력 피해자 보호를 위한 절차개선방안- 가정폭력전담재판부 도입을 중심으로 -

Abstract

Public authority has been reluctant to intervene in domestic violence because it is a private matter in the home, but domestic violence is increasingly recognized as a crime, supported by the growth of the women's movement in the 1980s. As a result, “The Special Act on the Punishment of Domestic Violence Crimes” and “The Act on the Prevention of Domestic Violence and Victims Protection” were enacted and enforced in 1997. Over the next two decades, two special acts on domestic violence have been developed and renewed, and various studies on domestic violence have been accumulated. This paper focuses on the “procedures of handling”domestic violence crimes in particular. In the meantime, various measures have been taken to protect victims, such as emergency measures, temporary measures, urgent temporary measures, and victim protection orders. However, it is analyzed that victims are still not sufficiently protected due to the problem in the procedures of handling domestic violence crimes. In the case of emergency measures, police officers who have been dispatched to the scene should take measures to restrain violent acts and separate persons who commit domestic violence from victims, but the police officers cannot force the wrongdoers to be separated if they refuse it. In the case of temporary measures and urgent temporary measures, while going through a long procedure from application of the judicial police officer and a decision made by a court, the decision loses its timeliness. Furthermore, since there is only regulations imposing a fine for violations, it is less effective as a sanction, and the monetary burden is substantially transferred to the victim. Therefore, this paper suggests giving the police the authority to enforce emergency measures. In addition, this paper suggests that the exclusive courts for domestic violence shall be established so that all cases of domestic violence can be handled in an integrated manner. If the prosecution-oriented criminal procedures is improved to be a court-oriented civil procedures, systems of“The Act on the Prevention of Domestic Violence” will be organically linked with the judicial procedures to reinforce the protection and support of victims.