27. The last administration defined domestic violence as one of the four social evils
and made pledges to create a safe society by providing comprehensive
countermeasures. However, home protection cases have risen by 376.9% during
the past ten years (2006~2015) according to the ‘2016 White Paper on Crime’
published by the Institute of Justice in 2017.
28. While it is analyzed that the increase in domestic protection cases is the result of
active reaction by investigative agency and higher social awareness of domestic
violence, when looking at the outcome of proceedings, it is hard to hold
confidence whether domestic violence is considered as crime and dealt with
accordingly. The same data reveals that out of 16,868 home protection cases,
7,319 cases (43.4%) were subject to non-punishment 8 in 2015 showing a big
increase from 31.8% in 2006. The high rate of non-punishment brings into
question whether the victims receive de facto protection given that 84.4% of all
cases are the charges of injury or assault.
29. The police’s lax attitude on the crimes of domestic violence affects the victims to
less likely to ask for help from the police. The ‘2016 Fact-finding Survey on
Domestic Violence’ announced by the Ministry of Gender Equality and Family
published in 2017 shows that only 2.8% of the female victims of domestic
violence reported the case to the police.
Category
Total
Women
Men
Police
1.7
2.8
-
Family or Relatives
12.1
16.3
5.8
Neighbors or Friends
10.3
12.9
6.5
Religious Leaders
1.0
1.6
-
Women’s Emergency Hotline 1366
0.6
1.0
-
8 Home protection case is a system where the Family Court determines protective disposition such as access restriction,
probation and treatment trust instead of giving criminal punishment for domestic violence under the Special Act for the
Punishment of Domestic Violence. Considering the intention of victims, prosecutors are allowed to send a domestic
violence case to the Family Court where it would be handled as a home protection case. The Family Court could make a
decision not to make disposition under Article 37 (decision not to make disposition) under the Act on the Special Cases
Concerning the Punishment, etc. of Crimes of Domestic Violence when probation is impossible or not needed or when it
is inappropriate to handle the situation as home protection case. Before ruling on probation, the Family Court could take
temporary measures such as separation including eviction, restraining order within 100 meters and consignment to
medical institutes.