가정폭력피해자의 반격과 정당방위에 대한 소고

Recently, a wife who has been battered for 7 years by her husband kicked him for avoiding his violence, was arrested and this case is on trial. Sometimes the similar cases that wives kill their husband happen when they are assaulted. In the majority of these cases, wives claim they acted in self-defense. Korean Supreme Court has been rejected their claim, however, saying that their maritag homicide in reaction to domestic violence never constitutes legitimate self-defense. have punished wives as murderer. But supreme court does not seem to arrive at a rational conclusion, to my thinking. The attacker of domestic violence was not wife but her husband. The victim was wife who has been suffered from domestic violence. The State has obligation for protection of national’s basic rights. The state has to prevent the crime and to protect crime victim, Likewise, the state has to prevent the domestic violence and to protect battered wife as domestic violence victim, but neglects it’s obligation. As a result, she become a murderer. I think that criminal penalty for her is not reasonable. In this article, I suggest my opinion for the establishment of self-defense in the cases of murdering her spouse.