가정폭력에 대한 대응방안 연구

• 영문명: The study of countermeasures about domestic violence
• 발행기관: 원광대학교 법학연구소
• 저자명: 김영일(Kim Young Il)
• 간행물 정보: 『원광법학』제31권 제1호, 97~122쪽, 전체 26쪽
• 주제분류: 법학 > 법학
• 파일형태: PDF
• 발행일자: 2015.03.30

영문 초록

A lot of changes are occuring in the domestic violence in terms of the range and perception as times have changed. Recently, the number of the activities that the parents abuse their children or the children do violence to their parents is increasing as well as the type of basic actions that the husbands assault their wives, Moreover, the occurrance of domestic violence based on the problems at work and child rearing is now rising up, owing to the traditional cause of domestic violence like the differences of their personality and value, drinking, love affairs of a spouses. There are many this and that about the change of the type of domestic violence. however, It is not untrue to say that the circumstances of those days take a big portion of the type of domestic violence. For example, the women's role has changed a lot as the number of the women who get a job is skyrocketing with opportunities for women to come out to the job market. After all, the conflicts caused by the sharing problems of housework turn into the domestic violence which is also being caused by the child rearing. According to the type of changing domestic violence as you see, we have coped with domestic violence constantly making and implementing a lot of systems and policies. However, it is doubtful that the countermeasures have helped to prevent and root out the domestic violence. As years go by, it is becoming a social issue, as the number of cases of domestic violence is increasing due to the enlargement of the coverage. When looking into the result of this study, they can be summarized as follows: First, there is the defect in the institutional system. Especially, Urgent interim measures defined on article 8(2) of the Special Act on the Punishment of Crimes of Domestic Violence give the discretionary power to the police in the early stage. However, the act is not effective because there is no any punitive action, even though an assaulter violates the rule. Second, there is the problem of effectiveness on family protective disposition that the family court orders. The family court frequently rejects the protective disposition in the end because of mutual agreement between the victims and offenders of domestic violence as time passed, which makes it difficult to solve the basic problems. Therefore, the treatment program for correction should be proceeded prior to the decision of the family court to order to secure the effectiveness. Lastly, there is shortage of the consultation center and manpower with expertise. In particular, one center is taking a heavy task controlling more than two cities and the professional consultation centers which are going on treatment programs for victims and offenders are running short in reality. As a matter of fact, it is a remaining task that the budgetary aid should be assisted in the concultation center.

목차

Ⅰ. 서언

Ⅱ. 가정폭력의 정의 및 유형

Ⅲ. 가정폭력 발생원인 및 유형의 변화

Ⅳ. 가정폭력의 대응상 문제점과 해결방안

Ⅴ. 결언

참고문헌

키워드

가정폭력 긴급임시조치 보호처분 가정법원 가정폭력상담소 domestic violence urgent interim measures protective disposition family court consultation cent women