경찰의 가정폭력피해자 보호에 관한 법제도 연구

Abstract

tner against another in an intimate relationship such as marriage or within the family. Domestic violence can take many forms, including physical aggression or assault(hitting, kicking, biting, throwing objects, battery). Domestic violence historically has been viewed as a private family matter that need not involve the government or criminal justice. In the past, Domestic violence Policies have been focused on offenders and victims have not been protected properly. As a result, some of victims have been killed by aggressor in spite of police response. Now, the protection of victims should be the priority policy regarding domestic violence. Police response to domestic violence is very important to protect victims and prevent to commit a second offense. The aim of this study is to examine the legal system relating protection of domestic violence victims. First, the police authority to enter the domestic violence place without warrant should be amended in Domestic Violence Special Act. Second, the urgent temporary measures in Domestic Violence Special Act be amended to grant police authority more widely. Third, processes of police to deal with the domestic violence cases should be improved to decrease the ending the case on the scene without action on aggressor. Mandatory arrest policy that is adopted in America be introduced partly to prevent second domestic violence by the aggressor. Lastly, the legal basis regulating victim protection be enacted in Domestic Violence Special Act instead of National Police Agency Regulation.