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ENFORCEMENT DECREE OF THE ACT ON SPECIAL CASES CONCERNING THE PUNISHMENT, ETC. OF CRIMES OF DOMESTIC VIOLENCE

Presidential Decree No. 26325, jun. 22, 2015

 Article 1 (Purpose)
The purpose of this Decree is to provide for the matters delegated by the Act on Special Cases concerning the Punishment, etc. of Crimes of Domestic Violence and other matters necessary for enforcing said Act.
 Article 2 (Requests for Measures to Protect Victims)
(1) Requests for measures to protect a victim from danger pursuant to Article 55-2 (5) of the Act on Special Cases concerning the Punishment, etc. of Crimes of Domestic Violence (hereinafter referred to as the “Act”) shall each be made in attached Form 1 or 2: Provided, That, in case of urgency, it may be made verbally or by telephone and the relevant documents shall be promptly provided thereafter.
(2) When requesting any measure to protect a victim from danger in accordance with paragraph (1), the grounds for, type of and duration for such measure shall be specified, and materials in support thereof may be attached.
 Article 3 (Types of Measures to Protect Victims)
“Other measures prescribed by Presidential Decree to protect the victim from danger” in Article 55-2 (5) 3 of the Act means any of the following:
1. Referring the victim to a shelter or treatment facility;
2. Accompanying the victim to and from either the court where he/she testifies as a person for reference or as a witness or the location where he/she exercises his/her child visiting rights;
3. Protecting the victim at his/her residence, as follows:
(a) Periodically patrolling around the victim’s residence;
(b) Installing closed-circuit televisions;
4. Other measures deemed necessary to protect the victim from danger.
 Article 4 (Request for Changing Types of Measures to Protect Victims)
(1) Where it is necessary to change the type of a measure to protect a victim or to take an additional protective measure, the victim or his/her legal representative may file with the court a request therefor in attached Form 3. In such cases, Article 2 (1) (proviso) and (2) shall apply mutatis mutandis.
(2) A victim or his/her legal representative may file with the court a request to extend a measure to protect the victim in attached Form 3, specifying the grounds for and the period of such extension, during the duration of the measure. In such cases, Article 2 (1) (proviso) and (2) shall apply mutatis mutandis.
(3) The court may, ex officio or at the request pursuant to paragraph (1) or (2), file with the prosecutor a request to change the type of measure to protect the victim, to take an additional protective measure, or to extend the measure to protect the victim in attached Form 2, where they are deemed necessary to protect the victim. In such cases, Article 2 (1) (proviso) and (2) shall apply mutatis mutandis.
 Article 5 (Methods for Execution of Measures to Protect Victims)
(1) Upon receipt of a request from the court pursuant to the former part of Article 55-2 (5) of the Act or Article 4 (3) of this Decree, the prosecutor may request the chief of a police station having jurisdiction over the residence or current location of the victim to take the relevant measure, in attached Form 2. In such cases, Article 2 (1) (proviso) and (2) shall apply mutatis mutandis.
(2) Upon receipt of a request for a measure to protect a victim filed pursuant to paragraph (1), the chief of the police station shall take the measure requested by the prosecutor pursuant to paragraph (1), except in extenuating circumstances such as where the measure ceases to be necessary.
 Article 6 (Notice of Implementation of Measures to Protect Victims)
(1) If the chief of a police station takes a measure to protect a victim from danger pursuant to Article 55-2 (5) of the Act; or a measure pursuant to Article 5, he/she shall promptly give written notice of implementing measures to protect a victim as provided for in attached Form 4, to the prosecutor who has made such a request.
(2) Upon receipt of notice pursuant to paragraph (1), the prosecutor shall give written notice of implementing measures to protect a victim as provided for in attached Form 4, to the court that has made such a request pursuant to Article 5 (1).
(3) No notification documents or documents related to measures to protect victims from danger pursuant to paragraphs (1) and (2) shall be disclosed.
 Article 7 (Electronic Documents)
A request pursuant to Article 2 (1), a request to change, add or extend pursuant to Article 4 (1) and (2), a request pursuant to Article 4 (3), and notice pursuant to Article 6 (1) and (2) may be filed or given electronically.
ADDENDUM
This Decree shall enter into force on July 1, 2015: Provided, That subparagraph 3 (b) of Article 3 shall enter into force on January 1, 2016.