고위험 피해자 안전 보호를 위한 가정폭력범죄 대응 형사법제도 개선방안

Abstract

The Domestic Violence Punishment Act system, which was born in 1997 declaring public intervention in domestic violence issues, has been plagued by controversies over its effectiveness from the outset due to the dilemma of investigating domestic violence as a crime but not punishing it, and the passive attitude of criminal justice agencies. Attempts to strongly respond to domestic violence, such as the introduction of the American mandatory arrest system and the abolition of protective case procedures, have been made, but they have not achieved substantial results due to the incompatibility with our legal system or the lack of alternatives. Additionally, despite the pressing need for measures to ensure the safety of high-risk victims exposed to the risk of domestic violence recurrence, it has remained sidelined in discussions on criminal justice system improvements. The crminal justice system for responding to domestic violence must be improved in a direction that prioritizes the safety of victims as the top policy goal, eliminates the blind spots in the protection of domestic violence victims, and ensures the safety of high-risk victims. Firstly, measures such as introducing GPS electronic monitoring and emergency detention systems should be implemented to ensure the enforcement of temporary restraining orders during investigation procedures. The system should also be supplemented to allow for restraining orders and GPS electronic monitoring orders not only in protective case trials but also in criminal trials. Furthermore, laws should be amended to allow for the issuance of restraining orders and GPS electronic monitoring orders upon criminal sentencing. Additionally, certain types of cases with serious offenses and high risk of recidivism should be mandatorily excluded from being treated as protective cases regardless of the maintenance of the household, and a mandatory risk assessment procedure should be introduced. This prevents serious domestic violence cases from being indiscriminately handled as protective cases on the grounds of maintaining the household, ensuring that criminal law responses to domestic violence are strictly based on offense severity and risk of recidivism.