The Republic of Korea has arguably one of the most progressive domestic and family law policies in Asia. Since 1991, the women’s movement has driven the recognition of domestic violent crimes as distinct from general assault offences.
This led to the enactment of two specific laws in 1998: The Act on Special Cases Concerning the Punishment of Crimes of Domestic Violence (known as the Punishment Act) and the Act on the Prevention of Domestic Violence and Protection of Victims (known as the Protection Act).
Criminalising domestic violence provides legal protection to victims and contributes to raising social awareness about domestic violence. It enables law enforcement to intervene in violent situations and provides avenues for support for victim-survivors as well as rehabilitation for perpetrators.
In 2006, domestic violence prevention education was introduced into primary, secondary, and high schools, and in 2014, it was expanded to include the members of public institutions as part of compulsory education.
Nevertheless, a 2021 study by the Korean government found that one in three women in Korea experienced domestic violence. Despite multiple reports to police, victims continue to experience violence due to the lack of effective restraining orders and separation measures. These circumstances point to shortcomings in the current legal framework, prompting many researchers and practitioners to advocate for further legal reforms. Here we outline four areas within the Acts that require urgent redress.