상담을 통해 본 가정폭력의 실태 및 법적 보호 강화 방안

• 영문명: The Actual Conditions of Domestic Violence by Counselling and the Reinforcement Action of Legal Protection
• 발행기관: 한국가족법학회
• 저자명: 박소현(So-Hyun Park)
• 간행물 정보: 『가족법연구』家族法硏究 第20卷 1號, 121~162쪽, 전체 42쪽
• 주제분류: 법학 > 법학
• 파일형태: PDF
• 발행일자: 2006.03.01

영문 초록

  As ‘Special Act for the Punishment of Domestic Violence’ and ‘Prevention of Domestic Violence and Victim Protection Act’ took effect on July 1998, domestic violence was involved from the realm of individual to social crime. In spite of these efforts, it is not yet to be solved, and moreover the realities of domestic violence has gotten worse.
  Under these circumstances, we examine thoroughly the actual conditions of domestic violence through Korea Legal Aid Center for Family Relations’s legal advice window. And based on the statistical materials, we try to seek the legal way to uproot the domestic violence and protect related victims.
  According to the counselling statistics from 1956, the year of the founding of to Korea Legal Aid Center for Family Relations 2005 and the divorce suit statistics from 1990 to 2004, these data has been proved that domestic violence violates the human rights and disorganizes our family.
  There are still some problems that the existing law has not solved yet.
  1) The patriarchal awareness and the attitude of police
  2) An awkward emergency measure
  3) The problem of inditement for fine
  4) High rates of indictment-delay and non-indictment
  5) Matters to extend the attorneys appointed only for the domestic violence necessities.
  6) The necessity of quick procedure introduction that can deal with the affair faster than before. and so on.
  To improve these problems and the exposed problems that we found as the present law has been effected, the National Assembly submitted revised bill.
  The Korea Legal Aid Center for Family Relations’s bill is aiming for improving the problems of present law as keeping the recovery of the peace and stability of victims through the protection of human rights for them and the correction of their characters and conducts. That is to say, it takes up the position to protect the victims’ human rights and impose the responsibility of the crime to the assailant certainly. Also, it activates the intervention program.
  The object of Korea Legal Aid Center for Family Relations’s counselling program is to improve batterer’s awareness and revise the prevalence of violence. Ultimately, counselling program aims at improving conjugal relations by recognizing the value of non-violence. And we assist them in recovering human dignity by themselves.
  Domestic violence is a criminal act. Active intervention is required for our society that had a short history of intervention of national public power. These intervention should not apply to merely criminal punishment, but also just recognition that the batterer of domestic protective affairs need some treatment of edification and improvement.
  On the other hand, support for the victims (assist victims in doing their own will) is needed. That is, national support needs to be expended to their economic independence.
  The main group, having an incorrect understanding of domestic violence case application causes a problem, and it is a result of the lack of execution will and the non-involvement practices due to the little understanding of actual circumstances and poor knowledge of the law related domestic violence.
  Consequently, there is a great need for the positive education and public relations.
  When we see the domestic violence in a new light and the government becomes actively involved in this social sphere, I expect our society will attain the peace of equal home and the safety of members of families.

목차

Ⅰ. 들어가는　말
Ⅱ. 가정폭력실태 및 문제의 소재
Ⅲ. 현행 법 적용의 실태 및 문제점
Ⅳ. 가정폭력을 근절하기 위한 법적 보호 강화 방안
Ⅴ. 보호처분의 실제 - 가정폭력행위자 및 피해자에 대한 상담(한국가정법률상담소의 상담프로그램)
Ⅵ. 결론
《참고문헌》
영어 초록

키워드

가정폭력 가정폭력범죄의처벌등에관한특례법 가정폭력방지및피해자보호등에 관한법률 보호처분 가정폭력 상담프로그램 domestic violence Special Act for the Punishment of Domestic Violence Prevention of Domestic Violence and Victim Protection Act protective disposition counselling program for domestic violence prevention