Korea (South): Information on laws and punishment for incest and domestic violence, and on any organization or agency that protects victims
| Publisher | Canada: Immigration and Refugee Board of Canada |
| Author | Research Directorate, Immigration and Refugee Board, Canada |
| Publication Date | 1 January 1994 |
| Citation / Document Symbol | KOR16214.E |
| Cite as | Canada: Immigration and Refugee Board of Canada, Korea (South): Information on laws and punishment for incest and domestic violence, and on any organization or agency that protects victims, 1 January 1994, KOR16214.E, available at: https://www.refworld.org/docid/3ae6acb23c.html [accessed 31 May 2023] |
| Disclaimer | This is not a UNHCR publication. UNHCR is not responsible for, nor does it necessarily endorse, its content. Any views expressed are solely those of the author or publisher and do not necessarily reflect those of UNHCR, the United Nations or its Member States. |
According to a representative of the Embassy of the Republic of Korea (South) in Washington, DC, there is no legislation dealing specifically with domestic violence, only general criminal code provisions (10 Jan. 1994). This source attributed the non-existence of such laws to the fact that domestic violence is not as much an issue in Korean society as it is in the United States or Canada (ibid.). The representative further stated that there is controversy about whether forced sexual intercourse between a husband and wife amounts to rape, and currently it was not considered as such (ibid.).
Country Reports 1992 states that an amended Family Law came into effect in January 1991 but it contained no express provisions on wife abuse (1993, 600). Nevertheless, the revised law provides women in divorce cases more legal protection in terms of child custody and property rights (ibid.). According to Country Reports 1992, before the revised law came into effect, women who filed for divorce, even when based on charges of physical or mental abuse, automatically lost custody of their children and had very limited property rights (ibid.). This source further states that even though there is now more legal protection for women in divorce cases, divorce remains a social taboo, many Koreans are unaware of the revised law, and there is little government or private assistance for divorced women (ibid.). According to Country Reports 1992, these factors, in addition to limited employment opportunities for women and the difficulties divorced women encounter when trying to remarry, "lead some women to stay in abusive situations" (ibid.). A survey of 708 urban and rural women by a women's hotline in Korea found that 42.2 per cent had suffered beatings from their husbands, a figure that increased to 48.8 per cent in the Seoul district (Women's International Network News Spring 1993, 66).
A Study on Countermeasures Against Sexual Violence, produced by the Korean Women's Development Institute (KWDI), indicates that there are problems with current laws and the process of criminal justice pertaining to sexual violence, including
the dispersion of legislations concerned, the inappropriate nature of legal interests which legislations intend to protect and the lopsided penalty which applies only to male assaulter. More essential problem is most of sexual assault are brought under the law only when survival makes a complaint. Along with the flaws of legislation, the attitude of members of the legal profession who administer the law also mirror social myths and stereotypes about man and woman, and assaulter and victim of sexual violence (Fax sent by a senior researcher at the KWDI to DIRB 11 Jan. 1994).
According to this source, in 1993 eighty-one women's and social organizations regrouped and urged the Korean government to enact the Special Law Against Sexual Violence (ibid.). In addition, this source indicates that there is a shortage of agencies and centres offering services to victims and perpetrators of sexual violence, as well as a scarcity of specialists and adequate programs (ibid.).
According to a senior KWDI researcher in Seoul, there are two private organizations in Korea that help abused women and children: the Women's Hot Line and the Korean Sexual Violence Relief Center (10 Jan. 1994). This source stated that the latter offers counselling and legal services for victims of sexual violence and that fifteen such centres currently exist in Korea (ibid.). According to this source, there are also two government-sponsored shelter houses in Korea that provide for the needs of women victims of sexual violence (ibid.). In addition, the source stated that the KWDI itself offers services to women, including education and training, and publishes reports on women issues and sexual violence (ibid.).
The representative of the Korean Embassy in Washington, DC, stated that to his knowledge only one organization, The Consulting Fund for Abused and Divorced Women, dealt with domestic violence (10 Jan. 1994). The source further stated that this organization provides legal assistance for women and funds for the family (ibid.).
This response was prepared after researching publicly accessible information currently available to the DIRB within time constraints. This response is not, and does not purport to be, conclusive as to the merit of any particular claim to refugee status or asylum.
References
Country Reports on Human Rights Practices for 1992. 1993. United States Department of State. Washington, DC: United States Government Printing Office.
Embassy of the Republic of Korea, Washington, DC. 10 January 1994. Telephone interview with representative.
Korean Women's Development Institute (KWDI), Seoul. 11 January 1994. Fax sent by a senior researcher to DIRB.
. 10 January 1994. Telephone interview with senior researcher, International Cooperation Section.
Women International Network News [Lexington, Ky]. Spring 1993. Vol. 19, No. 2. "Korea: Poor Health Mirrors Women's Low Status."
Attachment
Korean Women's Development Institute (KWDI), Seoul. 11 January 1994. Fax sent by a senior researcher to DIRB.
