The Korea Herald

소아쌤

Assembly moves to tackle domestic violence

Recognition of spousal abuse as major crime slowly growing

By Korea Herald

Published : Dec. 4, 2012 - 20:57

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On Sept. 4, a tearful courtroom in Suwon made news across the nation when a jury found a woman and her daughter “not guilty” after killing the husband and father who had subjected them to decades of violence.

The decision came after the court heard how a 48-year-old mother and 26-year-old daughter on April 11 tied up and covered with a blanket the drunken man who had been beating another daughter for hours and threatening to kill them. He died of suffocation four hours later. It was an end to the violence that had gone on since 1984.

The jury, which heard evidence for more than 15 hours, said the family had no intention of killing and merely acted out of fear and were therefore not guilty. They were instead sentenced to probation for using excessive defense.
(MCT) (MCT)

The case represented a conflicted aspect of Korean society. Domestic violence is still largely considered a family matter that should not be interfered with and legal action against it is regarded as taboo, leading to weak preventive and protective measures for the victims that led to the tragedy.

But as an increasing number of crimes stemming from neglected victims of family violence occurred in recent years, recognition among the public and the authorities of domestic violence as a major social ill has been growing.

Presidential candidates Park Geun-hye of the Saenuri Party and Moon Jae-in of the Democratic United Party have also pledged to fight domestic violence on their campaign trails.

Park has included domestic violence as one of four major social ills to root out along with sexual violence, school violence and unhealthy food.

Moon has vowed to establish a three-year plan to curb violence including domestic violence, and to make it mandatory for police to arrest offenders caught in the act.

A slew of bills has already been submitted by both ruling and opposition party members in recent weeks, as public calls for better protection of victims and increased punishment of assailants.

The Saenuri Party’s bills concentrate on improving the legal system such as by strengthening the enforcement of the law and widening access to family courts.

The DUP’s bills are focused on expanding assistance for victims such as by improving the application process to receive subsidies and fortifying the protection of information of victims in a crime that has a high recidivism rate.

Domestic violence refers to violence inflicting mental or physical harm or damage to property by family members including spouses, lineal descendants of oneself or spouse, or live-in relatives.

According to a Ministry of Gender Equality and Family survey in 2010, 53.8 percent out of 2,659 couples said they experienced violence. More than 51 percent of the women said they were physically abused, with over 30 percent of them having received medical treatment for the injuries. Men were also seen to fall victim to violence, with 34.6 percent of them responding they were physically hurt.

Another report by the Ministry of Health and Welfare last year showed that many children were exposed to domestic violence from a young age, with 42.1 percent of the victims being elementary school students, 12.7 percent being between the age of four and six, 11.1 percent between the age of 1 and 3, and 4.5 percent of them being infants.

The ministry said nine out of 10 child victims showed a tendency to act out, such as by lying, stealing, smoking or drinking, and express anxiety, depression, inattentiveness or low self-esteem.

Currently, domestic violence is punished by the Act on Special Cases Concerning the Punishment, etc. of Crimes of Domestic Violence. The law stipulates protective solutions such as a restraining order, limit to paternal rights, volunteer work, probation and compensation for damages. In cases where such measures are not followed, offenders can be sentenced to up to two years in prison or a penalty of up to 20 million won.

In order to prevent domestic violence, the Act on the Prevention of Domestic Violence and Protection, etc. of Victims regulates such measures as providing relevant education and protection facilities for the victims.

By Lee Joo-hee (jhl@heraldcorp.com)