88.
The “Public Official Election Act” of Korea stipulates that when any
political party intends to recommend its member as candidates to run in the
proportional representative National Assembly member election, such
political party shall recommend not less than 50/100 of the candidates from
among women and recommend candidates falling under every odd number
in order of the candidate roll from among women. The government is
implementing various policies to address social, economic and political
discrimination against women, including “Career Development Center for
Women” as a series of employment success package. Regarding violence
against women, despite that the Korean government enforced the “Violence
Against Women Act” on 25 December 2019 and has implemented various
policies, more active measures are needed to prevent violence against
women such as rape, domestic violence and digital sexual crime.
89.
The article 297 of the “Criminal Act” prescribes that “violence or
intimidation” is the constituent of rape and doesn’t include victim’s free
consent in the scope of sexual violence against women. In particular, the law
hardly considers marital rape − non-consensual sexual relations between
spouses − as rape.
90.
Domestic violence increased from 160,272 in 2013 to 264,528 in
2016, and the family protection cases under the “Act on Special Cases
Concerning the Punishment, Etc. of Crimes of Domestic Violence” jumped
from 494 in 2012 to 19,834 in 201617. However, the main purpose of the law
is to maintain and restore the family, which led to the result that the 43.4%
perpetrators of 16,868 cases of domestic protection orders did not receive
any criminal punishment. They are sentenced to the lowest penalty with a
17 CEDAW/C/KOR/CO.8.
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