Korea (South): Update to KOR29706.E of 2 July 1998 on the Korean Special Law on the Punishment of Domestic Violence; details of the law; whether it is being effectively implemented

Two Korean laws with the objective of the elimination of domestic violence came into effect on 1 July 1998: one relating to the punishment of the offender and the other relating to prevention and the safety of victims (Digital Chosunilbo 2 July 1998). The "Domestic Violence Punishment Special Act" and the "Prevention of Domestic Violence and Protection of the Victim Act" were passed in 1997 and came into force on 1 July 1998 (CEDAW 30 Mar. 1998, 32; Korean Women's Associations United n.d.).

Korea, in its fourth periodic report to the Committee for the Elimination of all Forms of Discrimination Against Women (CEDAW), described the Special Act for the Punishment of Domestic Violence in detail:

90. Providing for a special criminal proceeding for domestic violence cases, this law seeks to help restore domestic peace and stability by holding the offenders in protective custody and subjecting them to corrective training. Major features of the law are as follows:

91. Under this law, domestic violence includes injuries, violent acts, physical incarceration and imprisonment as defined in the Criminal Code, but are subject to heavier penalties based on the Law for Heavier Punishment of Specific Crimes. The Act also makes reporting incidences of domestic violence obligatory on the part of heads of medical and counselling establishments and others who become aware of such cases in the course of their work. Moreover, under the same Act, a victim of domestic violence may bring suit against the perpetrator even if he/she is a close family member.

92. Police officers, upon receipt of a report of domestic violence in progress, must proceed to the scene of the crime and take appropriate measures as required by relevant laws; in the event that further violence might occur despite actions taken by police, the prosecutor may request a court order to restrain the offender from the victim or the rest of the family, or forbid the offender from approaching the (potential) victim, or take other measures as necessary; and the court may isolate the potential victim, entrust same to medical or custodial care facilities, etc. in order to protect the potential victim as well as to facilitate the process of investigation and situation analysis.

93. If and when custodial care is deemed necessary, the court may limit or prohibit the offender from approaching the potential victim, limit the exercise of parental rights, or order the same to a period of social service, behavioural correction classes, or remand to custody for observation purpose. The Act also stipulates compensation of medical costs, loss of property, and custodial care costs through speedy legal proceedings (1998, 33).

With respect to the "Prevention of Domestic Violence and Protection of the Victim Act," the report states:

94. Aimed at promoting domestic stability and peace through prevention of domestic violence and protection of the victims, this law holds the state and local autonomous bodies responsible for creating necessary legal and institutional mechanisms and securing the necessary resources for that purpose.

95. It requires the state and local autonomous bodies to establish and operate domestic violence counselling centers and custodial care facilities for the victims and to provide support to similar facilities/services through private auspices (ibid., 33-4).

The report also contains information regarding the infrastructure to support the goals of the legislation:

96. The Government has established and manages facilities dedicated to temporary protection of mothers and their children whose health and development may be jeopardized due to violence on the part of their husbands/fathers. They spend one month in physical and psychological recuperation at the shelters, and can stay an additional month if necessary. By December 1997, there were seven such facilities, primarily in larger cities.

97. On the non-governmental side, some women's and religious organizations also operate shelters for domestic violence victims free of charge. The two "Rest Houses", under the management of the Women's Hotline since 1987 are typical of those. There are altogether ten NGO-run shelters currently in operation (ibid., 34).

The report to the CEDAW committee was produced by the Korean government in consultation with non-governmental organizations and women's policy specialists (ibid., 6). However, a coalition of 28 Korean women's organizations called the Korean Women's Associations United (KWAU) produced a "Shadow Report" which presented a critique of the governments report. The section on "Violence Against Women", prepared by the Korean Women's Hot Line, contains the following comments on the two pieces of legislation dealing with domestic violence:

2-3. Education on sexual violence must be provided to police officers and prosecutors. 

From July 1, 1998, the Domestic Violence Punishment Special Act and the Prevention of Domestic Violence and Protection of the Victim Act will come into force. But prior to the enforcement of the Acts, education on sexual violence should be carried out for public employees, police officers and other law enforcement officers. 

Korean society has been generous in cases of domestic violence. Korean men, brought up in patriarchical Confucian culture, have regarded their children and wives as their properties rather than independent human persons. Such social prejudice has generously allowed abusive fathers and husbands.

Police officers were not exceptions. They treated domestic violence as minor private affairs, not presenting themselves at the scene of crime and take appropriate measures even upon the receipt of a report on violence in progress. In 1995, a woman called Kim killed her abusive husband when she failed to get assistance from the police even after she had asked for a help several times. In the intermediate appeal, she was ruled a suspended sentence. Should police officers have taken active and immediate measures, she might not have to commit a murder. 

Passive attitude of police officers has been pointed out as the most serious problem in domestic violence prevention. A special television program on this matter was even aired in May 1998. Prior to the implementation of the Domestic Violence Punishment Special Act and the Prevention of Domestic Violence and Protection of the Victim Act, thus, it is instrumental to provide education programs to police officers and prosecutors to make them take appropriate measures. The responsibility of such education falls on the government. 

2-4. Publicity activities and early rooting-down of the Domestic Violence Punishment Special Act and the Prevention of Domestic Violence and Protection of the Victim Act 

In January 1998, a national survey on domestic violence was conducted for the first time. It was the first survey in the national scale, though there had been a few in the regional level. Kim Jeyop, professor of Yonsei University, surveyed 1,500 adults for his "Study on Domestic Violence in Korea," and found out 31.4 percent of married couples experienced violence by their spouse. This figure leads to an estimation that about 4 million out of 13 million married couples in Korea are experiencing violence more than once a year. 

The survey also revealed that almost one third of all husbands (27.9 percent) exercised violence more than once a year. 8 women among 100 married women were severely beaten by their husband. The results of this survey is frightening when considering the figures are the minimum, not the maximum estimation. 

Despite of the seriousness of the problem, Korean society has paid little attention to this matter, not recognizing the wife beating as a social problem. With the legislation of the Domestic Violence Punishment Special Act and the Prevention of Domestic Violence and Protection of the Victim Act in 1997, legal sanctions against domestic violence became possible. However, without changes in the public awareness, social norms and practices, domestic violence will never be eliminated. 

Domestic violence is not easily revealed to others. Without the caring and reporting of the neighboring residents, it hardly seems to exist. Without breaking the social bias that women are beaten for their own fault, social support for the beaten wives will never be institutionalized. 

Therefore, to make the Domestic Violence Punishment Special Act and the Prevention of Domestic Violence and Protection of the Victim Act root down early in Korean society, publicizing and educating the content of the Acts are necessary steps to be taken. Emphasis on the importance of sexual and domestic violence education for the youth is never enough. 

2-5. Domestic violence counselling centers and protection facilities 

With the implementation of the Prevention of Domestic Violence and Protection of the Victim Act, the government has the responsibility to establish and operate Domestic violence counselling centers and protection facilities. The government, however, is reluctant to draft budget for these facilities, insisting on the fiscal constrains due to the current IMF system. So, legislations exist but no changes in reality. 

If the government is not to provide appropriate counselling and protection for the victims of violence, there is no reason to even legislate the Prevention of Domestic Violence and Protection of the Victim Act. If the victims cannot get any support and protection, they will not report the crimes, and domestic violence will remain concealed. 

In addition, the operation of such facilities should rearranged to meet the actual needs of the victims. The government should establish 24-hour emergency shelters, and provide short and long term-protection and co-habitation with not only pre-school and elementary school children, but also with teenage children. 

2-6. Economic crisis and violence against women 

After the economic crisis, "encouraging the pride of husband" for the frustrated laid-off fathers became a social cliche. It is women, however, who are the first victims of economic crisis in male-centered Korean society. Women employees are the first to be laid off and abuses against women in the family are in rapid increase. 

Kwangju Women's Hot Line reported that they counselled 519 cases on loss of job and family conflict in the period of January-March 1998, compared to 192 cases in the October-December period last year. This is almost a threefold rise. 

Seoul Women's Hot Line indicated that calls from working women, abused by male co-workers or supervisors who vent their anger to the female workers are in an increase since the imposition of the IMF system. Beaten wives and violence against women at workplace are not new stories, but they are becoming serious social problem with intensifying social stress and pressures. 

There are reports that men are abusing their wives, saying "I was fired because of you" or "Look, my friend's wife is making a lot of money. You, go out and make some money." Such cases clearly show the link between the economic crisis and deterioration of women's human rights. Human rights are just the basic rights to live. Affirmative actions to protect the human rights of women, the social minors, must be enforced more firmly when society is in crisis (n.d.).

According to the Women's International Network News, the Korean Women's Hot Line "has a plan to monitor the operation of the new laws by managing a center for reporting dissatisfying results on domestic issues" (Summer 1998, 33). However, information on this monitoring program and its results could not be found among the sources consulted by the Research Directorate.

Further information concerning the "Domestic Violence Punishment Special Act" and the "Prevention of Domestic Violence and Protection of the Victim Act" could not be found among the sources consulted by the Research Directorate. Copies of the "Domestic Violence Punishment Special Act" and the "Prevention of Domestic Violence and Protection of the Victim Act" are not currently available to the Research Directorate.

This Response was prepared after researching publicly accessible information currently available to the Research Directorate 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. Please find below the list of additional sources consulted in researching this Response.

References

Digital Chosunilbo [English Edition]. 2 July 1998. "Violence in the Home." [Internet] [Accessed 11 Mar. 1999]

Korean Women's Associations United (KWAU). n.d. "Shadow Report." [Internet] [Accessed 12 Mar. 1999]

United Nations Committee on the Elimination of all Forms of Discrimination against Women. 30 March 1998. (CEDAW/C/KOR/4). Consideration of reports submitted by States parties under Article 18 of the Convention on the Elimination of All Forms of Discrimination against Women. Fourth periodic reports of States parties. Republic of Korea.

Women's Information Network News [Lexington, MA]. Summer 1998. "Korea: Enacting Legislation Against Domestic Violence."

Additional Sources Consulted

Resource Centre Country File on Korea, 1998-1999.

Women's Information Network News [Lexington, MA]. 1998-1999.

Electronic Sources : IRB Databases, REFWORLD, LEXIS/NEXIS, WNC, CISNET, Internet.

Unsuccessful attempts to contact three oral sources.