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.

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