데이트폭력에 대한 형사법적 대응방안

Dating violence is defined as ‘physical, sexual, mental, financial, or social violence that occurs in interactions that explicitly or implicitly continue until cohabitating, engaged, dissolved, or other relationships end or become committed” and includes stalking, (consensual) violence, and crime. Legislative bills for the prevention and restriction of dating violence were proposed and these bills embody contents that are similar to those in the Act on Special Cases Concerning the Punishment, Etc. of Crimes of Domestic Violence. From a perspective of prevention, stalking is a precursor symptom of violence and crime, and violence can develop into crime so it is important for the police to intervene before violent crimes occur. From perspectives of punishment, benefits and protections of the law for the punishment of stalking actions must be determined and even with violence that is difficult to punish, victims of hidden crimes must be protected through active investigations. If a definite crime has occurred, national administrative justice must be invoked and legal loopholes of punishment leaving exceptions of mitigation go against the guilt principle. However, crimes that occur due to crime not prosecuted against objection, with which investigation and prosecution is possible under the judgment of investigative agencies, must be dealt with as a compromise between the punishment intentions of victims and the investigative activity guarantees of investigative agencies. Also, while security-measures should be branched for the prevention of repeated crime, duplicate charges should not be brought. Also, additional punishments of offenders based on the distinct characteristics of dating relationships go against the guilt principle. As a legislation method, dating violence should be included in the Act on Special Cases Concerning the Punishment, Etc. of Crimes of Domestic Violence and the objective of the Act on Special Cases Concerning the Punishment, Etc. of Crimes of Domestic Violence should change from ‘the protection of family’ to ‘the safety and human rights protection of victims’. While light or heavy punishments should not be given to offenders compared to general crimes, as there is a risk of repeated crime, security-measures should be branched and police authority should be reinforced so minor violence can be prevented. Further, discussions on introductions of ‘Clare’s Law’ must also continue so that victims can avoid danger themselves.