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배우자 폭력 피해자 보호를 위한 입법적 대안A Legislative Alternative for Spouse-Violation Victim's Protection

Other Titles
A Legislative Alternative for Spouse-Violation Victim's Protection
Authors
김용화
Issue Date
Feb-2009
Publisher
동아대학교 법학연구소
Keywords
spouse violences; sexual discrimination; victim protection; protective orders; indictment suspension; mandatory arrest; no-drop; self-support; 배우자 폭력; 성차별; 피해자 보호; 보호명령; 상담조건부 기소유예; 의무적 체포; 강제기소; 자립지원
Citation
동아법학, v.43, pp 161 - 191
Pages
31
Journal Title
동아법학
Volume
43
Start Page
161
End Page
191
URI
https://scholarworks.sookmyung.ac.kr/handle/2020.sw.sookmyung/7683
ISSN
1225-3405
2713-5470
Abstract
A family based on a heterosexual marriage and blood ties is generally considered as a standard unit of a community. The Family system, one of the oldest, most universal institutions of human history, has been shaping its unique cultures as a means of settling biological instincts, interchanging mutual sympathy, reproducing and parenting based on the affection among its members, while accommodating social changes. The system however, doesn't have only positive and constructive aspects as stated above. It also has negative aspects such as occasional or continuos physical(including sexual abuses) and psychological violences invoked by conflicts among family members(especially between spouses). The penalty for these violences in real life, unfortunately, has been relatively light even though it goes beyond the limits. It's because not only the harmers but also the state recognize the violations not as crimes but as matters of simple household affairs. The laws has been hesitant in punishing the spouse outragers otherwise it may not have as to the violences between strangers. It hasn't been challenged until recently even though the violences committed by spouses has been repeated conventionally. Especially, wives, in all ages and countries, has been composing a large portion of the victims exposed to long standing abuses from their husbands, ending up on a suicide or a murderee or a murder(of their spouses). These ritual spouse-abuses have been reinforced by sociocultural criterions and traditions based on patriarchal system, and through which sexual discriminations and economical inequalities can be sustained. Furthermore as is often the case, there have been frequent occasions when the incidences of violations have been suppressed or reduced because both of the victims and harmers would like to cover up the reality. This research, therefore, will try to review the current legal system for protecting spouse violation's victims to see if there are rooms for controversies, finally to study out a legislative alternative for spouse violences.
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