친밀한 관계에서의 폭력에 대한 형사정책의 법적 정당성 검토 - 가정폭력, 스토킹, 데이트폭력을 중심으로

r romantic relationships have been actively developed. This type of violence such as domestic violence, dating violence, and stalking is called intimate partner violence, Research on intimate relationship violence points out that victims of violence have difficulty protecting themselves or seeking legal relief. In the past, these areas were considered to be respected as individual private areas. However, a social consensus is urging the state to actively intervene. The laws governing violence within close relationships show similarities in legal structures and systems, and the similarities are gradually increasing. The Domestic Violence Punishment Act and the Stalking Punishment Act stipulate emergency measures) by police as initial responses, and temporary measures requested by prosecutors, and impose penalties for violating the obligations imposed by measures. Discussions on enacting the Date Violence Punishment Act also follow this structure. In addition to the similarities, the strengthening of the tendency of strict punishment can be cited as a common trend. However, even though the need for national intervention is emphasized, effectiveness and legitimacy of the sanctions prescribed should be made carefully. It is reasonable for the state to actively intervene in violence within close relationships, but such policies should take into account the characteristics and differences of the relationship and carefully examine whether it is effective and legally justified.