CHAPTER Ⅰ GENERAL PROVISIONS
The purpose of this Act is to restore the peace and stability of a family destroyed due to crimes of domestic violence, maintain a healthy family environment and protect the human rights of victims and their family members, by providing for special provisions on procedures for the criminal punishment of crimes of domestic violence and taking a protective disposition to change an environment for persons who committed crimes of domestic violence and to correct their personality and behaviors.
[This Article Wholly Amended by Act No. 10573, Apr. 12, 2011]
The terms used in this Act shall be defined as follows: <Amended by Act No. 10921, Jul. 25, 2011; Act No. 11150, Jan. 17, 2012>
| 1. | The term "domestic violence" means activities involving physical or psychological harm or damage to property among family members; |
| 2. | The term "family member" means any of the following persons: |
| (a) | A spouse (including persons in a de facto marital relationship; hereinafter the same shall apply) or former spouse; |
| (b) | A person who is or was a lineal ascendant or descendant (including in a de facto parent-child relationship by adoption; hereinafter the same shall apply) to himself/herself or his/her spouse; |
| (c) | A person who is or was in a relationship between step-parents and offspring or in a relationship between a father's legal wife and the child of a mistress; |
| (d) | A person who is in a relationship between relatives living together; |
| 3. | The term "crime of domestic violence" means any of the following crimes: |
| (a) | Crimes under Article 257 (inflicting bodily injury on other or on a lineal ascendants), Article 258 (aggravated bodily injury of other or of lineal ascendant), Article 260 (1) and (2) (assault against other or on lineal ascendants), Article 261 (special violence) and Article 264 (habitual crimes), among the crimes of inflicting bodily injury and violence under Chapter XXV of PART II of the Criminal Act; |
| (b) | Crimes under Article 271 (1) and (2) (abandonment of lineal ascendants) Article 272 (abandoning infants), Article 273 (cruelty to another and to lineal ascendants) and Article 274 (hard labor by children), among the crimes of abandonment and maltreatment under Chapter XXVIIl of PART II of the Criminal Act; |
| (c) | Crimes under Article 276 (false arrest, unlawful confinement, those on lineal ascendants), Article 277 (aggravated false arrest, aggravated illegal confinement, those on lineal ascendants), Article 278 (special false arrest or illegal confinement), Article 279 (habitual crimes) and Article 280 (attempts), among the crimes of false arrest and illegal confinement under Chapter XXIX of PART II of the Criminal Act; |
| (e) | Crimes under Article 297 (rape), Article 298 (indecent acts by compulsion), Article 299 (quasi-rape, quasi-indecent acts by compulsion), Article 300 (attempts), Article 301 (death or injury resulting from rape), Article 301-2 (murder after rape, etc. or rape, etc. resulting in death), Article 302 (sexual intercourse with minor, etc.), Article 305 (sexual intercourse or indecent acts with minor), Article 305-2 (habitual offenders) (limited to crimes under Articles 297 through 300), among the crimes of rape and indecent acts under Chapter XXXII of PART II of the Criminal Act; |
| (g) | Crimes under Article 321 (illegal search of human habitation and body), among the crimes of intrusion upon human habitation under Chapter XXXVI of PART II of the Criminal Act; |
| (j) | Crimes under Article 366 (destruction of, damage to, etc. property), from among the crimes of destruction and damage under Chapter XLII of PART II of the Criminal Act; |
| (k) | Crimes under items (a) through (j) subject to aggravated punishment pursuant to by other Acts; |
| 4. | The term "domestic violence offender" means a person who commits a crime of domestic violence and a co-offender who is his/her family member; |
| 5. | The term "victim" means a person who suffers direct damage from a crime of domestic violence; |
| 6. | The term "home protection case" means a case subject to a protective disposition under this Act due to a crime of domestic violence; |
| 7. | The term "protective disposition" means the disposition under Article 40 against an offender, which is taken after the court examines home protection cases; |
7-2. The term "victim protection order case" means a case subject to a victim protection order under Article 55-2 due to a crime of domestic violence; [This Article Wholly Amended by Act No. 10573, Apr. 12, 2011]
| Article 3 (Relationship to other Acts) |
This Act shall preferentially apply to any crime of domestic violence.
[This Article Wholly Amended by Act No. 10573, Apr. 12, 2011]
CHAPTER Ⅱ HOME PROTECTION CASES
SECTION 1 General Provisions
| Article 4 (Duty, etc. to Report) |
| (1) | When any one becomes aware of a crime of domestic violence, he/she may report it to an investigation agency. |
| (2) | When any of the following persons becomes aware of a crime of domestic violence in the course of performing his/her duties, he/she shall promptly report it to investigation agencies unless any justifiable ground exists to the contrary: <Amended by Act No. 11150, Jan. 17, 2012> |
| 1. | Employees and heads of institutions in charge of the education and protection of children; |
| 2. | Heads of medical institutions and medical personnel in charge of the treatment, etc. of children, senior citizens aged 60 or more years, or persons who lack normal judgment; |
| (3) | When counselors and heads of child counsel centers under the Child Welfare Act, domestic violence counsel centers and protection facilities under the Act on the Prevention of Domestic Violence and Protection, etc. of Victims and counseling centers for victims of sexual crimes and protection facilities under the Act on the Protection, etc. of Victims of Sexual Crimes (hereinafter referred to as "counsel centers, etc.") become aware of a crime of domestic violence after counseling victims or legal representatives thereof, they shall promptly report such crime, unless a victim of domestic violence clearly expresses his/her dissenting opinion. <Amended by Act No. 11150, Jan. 17, 2012> |
| (4) | No one shall penalize any person who has reported a crime of domestic violence under paragraphs (1) through (3) (hereinafter referred to as "informant") on the ground of such reporting. |
[This Article Wholly Amended by Act No. 10573, Apr. 12, 2011]
| Article 5 (Emergency Measures concerning Crimes of Domestic Violence) |
A judicial police officer, upon receipt of a report on any of the ongoing crimes of domestic violence, shall arrive at the scene of the crime, without delay, and take the following measures:
| 1. | To restrain violence, isolate domestic violence offenders from victims, and conduct the investigation of crimes; |
| 2. | To refer victims to domestic violence counsel centers or protection facilities (limited to cases where victims agree thereto); |
| 3. | To refer victims requiring emergency treatment to medical institutions; |
| 4. | To notify that they are entitled to apply for ad hoc measures under Article 8 in cases of recurrence of violence. |
[This Article Wholly Amended by Act No. 10573, Apr. 12, 2011]
| Article 6 (Special Provisions on Complaints) |
| (1) | A victim or the legal representative thereof may file a complaint against a domestic violence offender. When the legal representative of the victim is an offender or he/she commits a crime of domestic violence in collaboration with the domestic violence offender, a relative of the victim may file a complaint. |
| (2) | Notwithstanding Article 224 of the Criminal Procedure Act, a victim may file a complaint when the domestic violence offender is a lineal ascendant of the victim himself/herself or the spouse thereof. The same shall apply to cases where the legal representative thereof files a complaint. |
| (3) | Where a victim has no legal representative or relative permitted to file a complaint, a prosecutor shall designate a person who may file a complaint within ten days, if an interested person makes a request to do so. |
[This Article Wholly Amended by Act No. 10573, Apr. 12, 2011]
| Article 7 (Judicial Public Officers' Transfer of Incidents) |
A judicial public officer shall investigate a crime of domestic violence promptly and transfer such incident to a prosecutor. In such cases, the judicial public officer may present his/her opinion on whether it is proper to handle the relevant incident as a home protection case.
[This Article Wholly Amended by Act No. 10573, Apr. 12, 2011]
| Article 8 (Requests, etc. for Ad Hoc Measures) |
| (1) | Where a prosecutor deems that a crime of domestic violence is likely to reoccur, he/she may make a request for ad hoc measures prescribed in Article 29 (1) 1, 2 or 3 to the court, either ex officio or upon a request by a judicial public officer. |
| (2) | When a prosecutor deems that a domestic violence offender is likely to recommit a crime of domestic violence in violation of ad hoc measures determined upon requests under paragraph (1), the prosecutor may make a request for ad hoc measures prescribed in Article 29 (1) 5 to the court, either ex officio or upon a request by a judicial public officer. |
| (3) | In cases falling under paragraphs (1) and (2), a victim or the legal representative thereof may request a prosecutor or judicial public officer to make a request for ad hoc measures under paragraphs (1) and (2), file such application, or present his/her opinions thereon. |
| (4) | When a judicial public officer, upon receipt of a request under paragraph (3), fails to request an ad hoc measure under paragraphs (1) and (2), he/she shall report the grounds therefor to prosecutors. |
[This Article Wholly Amended by Act No. 10573, Apr. 12, 2011]
| Article 8-2 (Urgent Ad Hoc Measures) |
| (1) | Notwithstanding the emergency measures under Article 5, when a crime of domestic violence is likely to reoccur and it is impossible to receive an ad hoc measure determined by a court due to its urgency, a judicial police officer may take any measure prescribed in Article 29 (1) 1 through 3 (hereinafter referred to as "urgent ad hoc measure"), eitherex officio or upon the request of a victim or the legal representative thereof. |
| (2) | When a judicial police officer takes an urgent ad hoc measure under paragraph (2), he/she shall prepare the written decision of an urgent ad hoc measure promptly. |
| (3) | Each written decision of an urgent ad hoc measure under paragraph (2) shall include a summary of the crime and a ground for the urgent ad hoc measure, etc. |
[This Article Newly Inserted by Act No. 10921, Jul. 25, 2011]
| Article 8-3 (Requests for Urgent Ad Hoc Measures and Ad Hoc Measures) |
| (1) | When a judicial police officer has taken an urgent ad hoc measure under Article 8-2 (1), he/she shall make an ad hoc measure request to a prosecutor under Article 8 without delay, and the prosecutor in receipt of the request shall make an ad hoc measure request to a court. In such cases, the ad hoc measure request shall be made within 48 hours from when the urgent ad hoc measure was taken. |
| (2) | When a judicial police officer fails to make an ad hoc measure request under paragraph (1), or a court fails to determine an ad hoc measure, the urgent ad hoc measure shall be revoked promptly. |
[This Article Newly Inserted by Act No. 10921, Jul. 25, 2011]
| Article 9 (Handling Home Protection Cases) |
| (1) | When a prosecutor deems it appropriate to take a protective disposition under this Act against a crime of domestic violence, in consideration of the nature, motives and results of an incident or personality and behavior of a domestic violence offender, the prosecutor may handle such crime as a home protection case. In such cases, the prosecutor shall respect the opinions of victims. |
| (2) | Paragraph (1) may apply to the following cases: |
| 1. | When no complaint is filed concerning a crime of domestic violence, for which a complaint by the victim is required to file a prosecution, or such complaint is revoked; |
| 2. | When the victim expresses his/her wish not to prosecute the offender or retracts his/her previous wish to prosecute the offender for a crime of domestic violence which cannot be prosecuted against the express wish of the victim. |
[This Article Wholly Amended by Act No. 10573, Apr. 12, 2011]
| Article 9-2 (Suspension of Indictment on Condition of Counseling) |
A prosecutor may suspend the indictment of a domestic violence offender on condition of counseling, when deemed necessary for correcting the personality and behavior of the offender, as a result of investigating a domestic violence incident.
[This Article Wholly Amended by Act No. 10573, Apr. 12, 2011]
| Article 10 (Jurisdiction) |
| (1) | Home protection cases shall be under the jurisdiction of the family court having jurisdiction over the place for activities, residence or current place of domestic violence offenders: Provided, That home protection cases shall be under the jurisdiction of the local court of the relevant region (including its branch court; hereinafter the same shall apply) in a region where no family court is established. |
| (2) | A home protection case shall be examined and determined by a single judge (hereinafter referred to as "judge"). |
[This Article Wholly Amended by Act No. 10573, Apr. 12, 2011]
| Article 11 (Forwarding by Court) |
| (1) | When a prosecutor handles a crime of domestic violence as a home protection case pursuant to Article 9, he/she shall forward such case to a family court or local court (hereinafter referred to as "court") having jurisdiction over the relevant incident. |
| (2) | When a crime of domestic violence conflicts with other crimes, a prosecutor may separate the case concerning the crime of domestic violence from other cases and forward such case to the competent court. |
[This Article Wholly Amended by Act No. 10573, Apr. 12, 2011]
| Article 12 (Forwarding by Court) |
When the court deems it appropriate to take a protective disposition under this Act against a domestic violence offender after examining a prosecuted case, it may forward such case to the competent court of home protection cases by ruling. In such cases, the court shall respect the opinions of victims.
[This Article Wholly Amended by Act No. 10573, Apr. 12, 2011]
| Article 13 (Extradition of Domestic Violence Offenders in Cases of Forwarding) |
| (1) | When a decision to forward under Article 11 (1) or 12 is made, the head of a facility detaining a domestic violence offender shall extradite the offender to the competent court within 24 hours after he/she receives an order to extradite the offender from a prosecutor in the Si (including a Special Metropolitan City, a Metropolitan City, and an administrative city under Article 15 (2) of the Special Act on the Establishment of Jeju Special Self-Governing Province and the Development of Free International City; hereinafter the same shall apply)/Gunin which the competent court under Article 10 is established, and within 48 hours in other Sis/Guns. In such cases, the court shall decide on whether it shall take an ad hoc measure under Article 29 against the domestic violence offender. |
| (3) | A warrant of arrest shall be deemed void when a decision on an ad hoc measure is made under the latter part of paragraph (1). |
[This Article Wholly Amended by Act No. 10573, Apr. 12, 2011]
| Article 14 (Warrant for Forwarding) |
| (1) | When a case is forwarded as a home protection case under Articles 11 and 12, the warrant of forwarding shall be sent to the competent court. |
| (2) | A warrant for forwarding under paragraph (1) shall include the name, address, date of birth and occupation of a domestic violence offender, his/her relationship to victims, the summary of his/her activities and home circumstances and other reference materials shall be attached thereto. |
[This Article Wholly Amended by Act No. 10573, Apr. 12, 2011]
| (1) | The court to which a home protection case has been forwarded shall promptly transfer the relevant case to another competent court by ruling when such case is not under the jurisdiction of the court or when it is deemed necessary for appropriate investigation and examination. |
| (2) | When the court determines to transfer a case to another court under paragraph (1), it shall promptly notify the domestic violence offender, victims and prosecutors of such decision along with the grounds therefor. |
[This Article Wholly Amended by Act No. 10573, Apr. 12, 2011]
| Article 16 (Effects of Protection Order) |
When a protection order under Article 40 is confirmed, the same crime of the domestic violence offender shall not be prosecuted again: Provided, That this shall not apply where a case is forwarded under Article 46. [This Article Wholly Amended by Act No. 10573, Apr. 12, 2011]
| Article 17 (Suspension and Effects of Prescription of Public Prosecution) |
| (1) | The period for prescription of public prosecution against a crime of domestic violence shall be suspended when the relevant home protection case is forwarded to the court: Provided, That the period shall commence in any of the following cases: |
| 1. | When a decision not to issue a disposition of the relevant home protection case under Article 37 (1) (limited to decisions based on grounds under subparagraph 1) is confirmed; |
| 2. | When the relevant home protection case is forwarded pursuant to Articles 27 (2), 37 (2) and 46. |
| (2) | The suspension of prescription under paragraph (1) against another co-offender shall take effect on other co-offenders. |
[This Article Wholly Amended by Act No. 10573, Apr. 12, 2011]
| Article 18 (Duty of Confidentiality, etc.) |
| (1) | No public official or assistant who is in charge of or is involved in the investigation of crimes of domestic violence or the investigation, examination or execution of home protection cases, no counselor of counseling center, nor the head thereof or any person falling under Article 4 (2) 1 (including persons who have held such positions) shall divulge any confidential information he/she becomes aware of in the course of performing his/her duties. |
| (2) | With regard to home protection cases under this Act, no one shall include the address, name, age, occupation and appearance of domestic violence offenders, victims, accusers, complainants or informants or other personal information and photographs, which help other people to recognize them, in publications, including newspapers, or broadcast such information through broadcast media. |
| (3) | No school teacher nor nursery faculty, who is in charge of the education or care of children under the protection of victims or children who are victims, shall divulge the fact of sending the relevant children to schools, their admission to schools, changing their schools or entering facilities (including the change of facilities) to anyone, including persons with a parental authority who are domestic violence offenders, unless any justifiable ground exists to the contrary. <Amended by Act No. 10789, Jun. 7, 2011> |
[This Article Wholly Amended by Act No. 10573, Apr. 12, 2011]
| Article 18-2 (Application Mutatis Mutandis of Criminal Procedure Act) |
The provisions of the Criminal Procedure Act shall apply mutatis mutandis to matters which are not separately prescribed under this Chapter, to the extent that does not violate the nature of home protection cases. [This Article Wholly Amended by Act No. 10573, Apr. 12, 2011]
SECTION 2 Investigations and Examinations
| Article 19 (Direction of Investigations and Examinations) |
When the court investigates or examines home protection cases, it shall utilize medical science, psychology, sociology, social welfare studies and other specialized knowledge to find out the personality, behavior, experiences and home circumstances of an offender, victims and other family members, as well as the motives, causes and circumstances of the crimes of domestic violence, in an effort to ensure that appropriate measures are taken to achieve the purposes of this Act.
[This Article Wholly Amended by Act No. 10573, Apr. 12, 2011]
| Article 20 (Investigators of Home Protection Cases) |
| (1) | A home protection case investigator shall be assigned at the court for the investigations and examinations of home protection cases. |
| (2) | Qualifications, appointment and dismissal of home protection case investigators and other necessary matters shall be prescribed by the Supreme Court Regulations. |
[This Article Wholly Amended by Act No. 10573, Apr. 12, 2011]
| Article 21 (Investigation Orders, etc.) |
| (1) | Judges may order or request a home protection case investigator or the head of a probation office having jurisdiction over the location of the court or the residence of a domestic violence offender to question the domestic violence offender, victims and family members or investigate their mental or psychological state or motives, causes and circumstances of the crimes of domestic violence. |
[This Article Wholly Amended by Act No. 10573, Apr. 12, 2011]
| Article 22 (Seeking Opinions from Experts) |
| (1) | The court may seek opinions on the psychological or mental state of domestic violence offenders, victims or family members or the causes of the crimes of domestic violence from mental health doctors, psychologists, sociologists, social welfare scholars or other related experts. <Amended by Act No. 11005, Aug. 4, 2011> |
| (2) | The court shall consider the opinions sought pursuant to paragraph (1) in investigating and examining home protection cases. |
[This Article Wholly Amended by Act No. 10573, Apr. 12, 2011]
| Article 23 (Notification of Rights to Refuse to Make Statements) |
In investigating home protection cases, a judge or home protection case investigator shall notify a domestic violence offender of his/her right to refuse to make any statement in advance.
[This Article Wholly Amended by Act No. 10573, Apr. 12, 2011]
| Article 24 (Summons and Warrants to Accompany) |
| (1) | A judge may summon domestic violence offenders, victims, family members or other witnesses to appear on a designated date, when deemed necessary for investigations and examinations. |
| (2) | When a domestic violence offender fails to comply with the summons under paragraph (1) without any justifiable ground, the judge may issue a warrant to accompany. |
[This Article Wholly Amended by Act No. 10573, Apr. 12, 2011]
| Article 25 (Emergency Warrants to Accompany) |
A judge may issue a warrant to accompany without summons under Article 24 (1), when a domestic violence offender is unlikely to comply with summons or when deemed urgently necessary for the protection of a victim. [This Article Wholly Amended by Act No. 10573, Apr. 12, 2011]
| Article 26 (Form of Warrants to Accompany) |
A warrant to accompany shall include the name, date of birth and address of a domestic violence offender, summary of offences, place from which the offender is apprehended or place of accommodating him/her, the period of validity, the intent that the judge is unable to commence execution after such period and warrant shall be returned and the date of issuing such warrant, and the judge shall sign and seal such warrant.
[This Article Wholly Amended by Act No. 10573, Apr. 12, 2011]
| Article 27 (Execution, etc. of Warrants to Accompany) |
| (1) | Home protection case investigators, court clerical officials of Grade IV, court clerical officials of Grade V, court clerical officials of Grade VI and court clerical officials of Grade VII (hereinafter referred to as "court officials") or judicial public officers are permitted to execute the warrants to accompany. |
| (2) | When the court fails to execute a warrant to accompany for not less than one year due to the unknown whereabouts of a domestic violence offender, it may transfer such case to prosecutors of a public prosecutors' office corresponding to the competent courts. |
| (3) | When the court executes a warrant to accompany, it shall notify the legal representative or assistant of a domestic violence offender of such fact, without delay. |
[This Article Wholly Amended by Act No. 10573, Apr. 12, 2011]
| (1) | A domestic violence offender may appoint an assistant with regard to his/her home protection case. |
| (2) | An attorney-at-law, the legal representative, spouse, lineal relative, brother or sister of a domestic violence offender, and counselors or the head of a counselling center are eligible to be assistants: Provided, That when an offender intends to appoint a person, other than an attorney-at-law, as an assistant, the offender shall obtain leave of the court. |
| (3) | No assistant, other than an attorney-at-law appointed under paragraph (2), shall receive or promise to receive money, valuables, hospitality or other benefits, and allow or promise to allow a third party to offer such benefits. |
[This Article Wholly Amended by Act No. 10573, Apr. 12, 2011]
| Article 29 (Ad Hoc Measures) |
| (1) | A judge may take any of the following ad hoc measures in relation to a domestic violence offender by ruling, when deemed necessary for the smooth investigation and examination of a home protection case or for the protection of a victim: |
| 1. | Evacuation, etc. from a room, in which victims or family members live, or a room occupied thereby, to isolate the offender from the victims; |
| 2. | Denial of access within 100 meters from the residences or place of work of victims or family members; |
| 4. | Committing the offender to medical institutions or intermediate care centers; |
| 5. | Confining the offender in a detention center or room of any State police station. |
| (2) | A judge shall decide on whether to take measures under paragraph (1) in relation to a domestic violence offender accompanied under a warrant to accompany or an offender extradited under Article 13 within 24 hours after the domestic violence offender is compelled to appear in court. |
| (3) | When the court decides to take measures under paragraph (1), it shall notify prosecutors or victims of such fact. |
| (4) | After the court takes measures under paragraph (1) 4 or 5, it shall notify an assistant, if a domestic violence offender has such assistant, or notify a person designated by a legal representative or the offender, if he/she has no assistant. In such cases, when the court takes measures under paragraph (1) 5, it shall notify the domestic violence offender that he/she may appoint an assistant, including attorneys-at-law and file an appeal under Article 49 (1). |
| (5) | A period for taking ad hoc measures under paragraph (1) 1 through 3 shall not exceed two months, and the period for taking ad hoc measures under paragraph (1) 4 and 5 shall not exceed one month: Provided, That the court may extend the period for ad hoc measures under paragraph (1) 1 through 3 on no more than two occasions and ad hoc measures under paragraph (1) 4 and 5 on no more than one occasion by ruling within the specified period, when deemed necessary to extend such period for the protection of a victim. |
| (6) | When an offender is committed to a medical institution, etc. under paragraph (1) 4, the court may assign necessary matters to the head of the medical institution, etc. for the protection of the domestic violence offender. |
| (7) | When the court intends to commit an offender to a medical institution, etc. operated by civilians, it shall notify the head of such institution, etc. of matters to be assigned under paragraph (6), in advance, and obtain consent therefrom. |
| (8) | When the judge decides to take ad hoc measures under each subparagraph of paragraph (1), it may permit home protection case investigators, court officials, judicial public officers or correctional public officials under the jurisdictionof a detention center to implement such measures. |
| (9) | A domestic violence offender, or the legal representative or assistant thereof may request to revoke a decision to take ad hoc measures under paragraph (1) or change the type of such measures. |
| (10) | A judge may rule to revoke the relevant ad hoc measure or change the type of such measure, when he/she deems that requests made under paragraph (9) or ex officio have justifiable grounds to the contrary. |
| (11) | Standards for medical institutions or intermediate care centers under paragraph (1) 4 to which a domestic violence offender is committed and other necessary matters shall be prescribed by the Supreme Court Regulations. |
[This Article Wholly Amended by Act No. 10573, Apr. 12, 2011]
| Article 29-2 (Implementation, etc. of Ad Hoc Measures) |
| (1) | Any person who implements a ruling on ad hoc measures under Article 29 (8) shall notify a domestic violence offender of the details of such measures or methods for objecting thereto. |
| (2) | When victims or family members move their residence or places of work after ad hoc measures under Article 29 (1) 1 and 2 are taken, they may request the competent courts to revise a ruling to take ad hoc measures. |
[This Article Wholly Amended by Act No. 10573, Apr. 12, 2011]
| Article 30 (Designation of Date for Examination) |
| (1) | A judge shall designate a date for examination and summon a domestic violence offender. In such cases, the judge shall notify the offender of the summary of a home protection case and the intent that he/she is entitled to appoint an assistant. |
| (2) | Assistants and victims shall be notified of a date for examination under paragraph (1). |
[This Article Wholly Amended by Act No. 10573, Apr. 12, 2011]
| Article 31 (Changing Date for Examination) |
A judge may change a date for examination, either ex officio or upon request by a domestic violence offender or his/her assistant. In such cases, the domestic violence offender, victims and their assistants shall be notified of a changed date for examination.
[This Article Wholly Amended by Act No. 10573, Apr. 12, 2011]
| Article 32 (Non-Disclosure of Examination) |
| (1) | When a judge examines a home protection case, he/she may choose not to disclose such examination by ruling, when necessary for privacy protection or the peace and stability in home, or when he/she deems that such disclosure is likely to undermine good custom. |
| (2) | Victims or family members summoned as witnesses may request the judge not to disclose the examination of a witness on the grounds of privacy protection or the peace and stability in home. In such cases, the judge may determine on the methods and places of witness examination, including whether to permit such non-disclosure or examination in places, other than open courts. |
[This Article Wholly Amended by Act No. 10573, Apr. 12, 2011]
| Article 33 (Victims' Rights to State Opinions) |
| (1) | The court shall examine a victim as a witness, when the victim makes a request to do so: Provided, That the same shall not apply to cases falling under any of the following subparagraphs: |
| 1. | Where the applicant has already fully stated his/her opinions in examination proceedings, so he/she need not restate opinions; |
| 2. | Where examination proceedings are likely to be significantly delayed due to the statements of the applicant. |
| (2) | When the court examines a victim under paragraph (1), it shall give the applicant an opportunity to state his/her opinions on the relevant home protection case. |
| (3) | The court may request victims or home protection case investigators to state their opinions or submit materials when deemed necessary for examination. In such cases, the judge may order domestic violence offenders to leave the court, when deemed necessary for making fair statements. |
| (4) | In cases falling under paragraphs (1) through (3), a victim may allow an attorney-at-law, his/her legal representative, spouse, lineal relative, brother or sister, and counselors or the head of a counselling center to state opinions on his/her behalf. |
| (5) | When the applicant fails to attend the court without justifiable cause, after he/she is summoned under paragraph (1), his/her requests shall be deemed revoked. |
[This Article Wholly Amended by Act No. 10573, Apr. 12, 2011]
| Article 34 (Witness Examination, Appraisal, Interpretation and Translation) |
| (1) | The court may examine a witness and order an appraisal, interpretation and translation. |
| (2) | The provisions of the Criminal Procedure Act concerning the witness examination, appraisal, interpretation and translation shall apply mutatis mutandis to cases under paragraph (1) to the extent that it does not violate the nature of home protection cases. |
| (3) | With regard to expenses paid to witnesses, appraisers, interpreters or translators, accommodation charges and other expenses, the provisions of the Criminal Procedure Act concerning expenses and the provisions of the Criminal Procedure Costs Act shall apply mutatis mutandis. |
[This Article Wholly Amended by Act No. 10573, Apr. 12, 2011]
| Article 35 (Verification, Confiscation, and Searches) |
| (1) | The court may conduct verification, confiscation and search. |
| (2) | The provisions of the Criminal Procedure Act concerning the verification, confiscation and search of the court shall apply mutatis mutandis to cases under paragraph (1) to the extent that it does not violate the nature of home protection cases. |
[This Article Wholly Amended by Act No. 10573, Apr. 12, 2011]
| Article 36 (Cooperation and Assistance) |
| (1) | The court may request cooperation and assistance from the relevant administrative agency, counselling center, medical institution or any other organization, when necessary for the investigation and examination of home protection cases. |
| (2) | When the relevant administrative agency, counselling center, medical institution or any other organization, in receipt of a request under paragraph (1), refuses to comply with such request, it shall present justifiable reasons of such refusal. |
[This Article Wholly Amended by Act No. 10573, Apr. 12, 2011]
| Article 37 (Decision not to Take Measures) |
| (1) | The judge shall decline to take any measure, in any of the following cases, upon examining home protection cases: |
| 1. | When he/she deems that he/she is unable to take a protection order or such disposition is unnecessary; |
| 2. | When he/she deems that it is inappropriate to handle a case as a home protection case, in consideration of the nature, motives and results of incidents, or personality, behaviors and habits of domestic violence offenders. |
| (2) | When the court decides not to take measures on grounds under paragraph (1) 2, it shall handle the case in accordance with the following classification: |
| 1. | Where a case is forwarded by a prosecutor under Article 11, forwarding the case to a prosecutor of the prosecutors' office corresponding to the competent court; |
| 2. | Where transferred by the court under Article 12, transferring the case to the relevant court. |
| (3) | When the judge makes a decision under paragraph (1), it shall notify the domestic violence offender, victims and prosecutors of such fact. |
[This Article Wholly Amended by Act No. 10573, Apr. 12, 2011]
| Article 38 (Period, etc. of Disposition) |
A home protection case shall be handled promptly, in preference to other litigation. In such cases, a decision of disposition shall be made within three months after the date on which the case is forwarded, unless any extenuating ground exists.
[This Article Wholly Amended by Act No. 10573, Apr. 12, 2011]
| Article 39 (Provisions for Delegation) |
Necessary matters concerning the investigation and examination of home protection cases shall be prescribed by the Supreme Court Regulations.
[This Article Wholly Amended by Act No. 10573, Apr. 12, 2011]
SECTION 3 Protection Orders
| Article 40 (Decision, etc. for Protective Disposition) |
| (1) | A judge may rule on any of the following dispositions, when a protective disposition is deemed necessary, following an examination: |
| 1. | Restrictions on the offender's access to victims or family members; |
| 3. | Restrictions on the exercise of parental authority over victims by domestic violence offenders who are parental guardians; |
| 7. | Entrustment of the treatment of offenders to medical institutions; |
| 8. | Entrustment of the counselling of offenders to counseling centers, etc. |
| (2) | A disposition falling under each subparagraph of paragraph (1) may be taken concurrently. |
| (3) | When the judge takes a disposition under paragraph (1) 3, it may send victims to other parental guardians, relatives or appropriate facilities. |
| (4) | When the court decides to take a protective disposition, it shall notify a prosecutor, domestic violence offender, victim, probation officer or the head of a protection facility, medical institution or counselling center, etc., which is entrusted with a protection order (hereinafter referred to as "entrusted institutions") of such fact without delay: Provided, That when entrusted institutions are operated by civilians, it shall receive the consent of entrustment from the heads of such institutions. |
| (5) | When the judge takes a disposition under paragraph (1) 4 through 8, it shall send reference materials necessary for the correction of domestic violence offenders to probation officers or the heads of entrusted institutions. |
| (6) | Institutions entrusted with the custody of an offender under paragraph (1) 6 shall provide education to domestic violence offenders to correct their personality and behavior. |
[This Article Wholly Amended by Act No. 10573, Apr. 12, 2011]
| Article 41 (Period of Protection Orders) |
The period of a protection order under Article 40 (1) 1 through 3 and a protection order under Article 40 (1) 5 through 8 shall not exceed six months, and hours of social services and lectures provided under Article 40 (1) 4 shall not exceed 200 hours, respectively. [This Article Wholly Amended by Act No. 10573, Apr. 12, 2011]
| Article 42 (Confiscation) |
A judge may confiscate articles used or intended to be used for a crime of domestic violence, which do not belong to persons, other than domestic violence offenders, by ruling, in taking a protective disposition.
[This Article Wholly Amended by Act No. 10573, Apr. 12, 2011]
| Article 43 (Implementing Decisions of Protection Order) |
| (1) | The court may allow home protection case investigators, court officials, judicial public officers, probation officers or employees belonging to entrusted institutions to implement the ruling on a protection order. |
[This Article Wholly Amended by Act No. 10573, Apr. 12, 2011]
| Article 44 (Presentation, etc. of Reports and Opinions) |
The court may request probation officers or the heads of entrusted institutions to present reports or written opinions on domestic violence offenders, when it decides to take a protection order under Article 40 (1) 4 through 8, and may issue instructions thereto necessary for executing such order. [This Article Wholly Amended by Act No. 10573, Apr. 12, 2011]
| Article 45 (Revision of Protection Order) |
| (1) | The court may rule to revise the types and period of a protection order on no more than one occasion, either ex officio or upon a request by a prosecutor, probation officer or the head of an entrusted institution, when deemed necessary, as long as the protection order is in force. |
| (2) | Where the court revises the type and period of a protection order under paragraph (1), the period of a protection order under Article 40 (1) 1 through 3 and a protection order under Article 40 (1) 5 through 8 shall not exceed one year, when the previous period of order is added, and the hours of social services and lectures provided under Article 40 (1) 4 shall not exceed 400 hours, respectively. |
| (3) | When the court decides to revise an order under paragraph (1), it shall notify a prosecutor, domestic violence offender, legal representative, assistant, victim, probation officer and entrusted institution of such fact, without delay. |
[This Article Wholly Amended by Act No. 10573, Apr. 12, 2011]
| Article 46 (Revocation of Protection Orders) |
When a domestic violence offender subject to a protection order fails to implement the decision of a protection order under Article 40 (1) 4 through 8 or fails to comply with the execution thereof, the court shall rule such protection order revoked, either ex officio or upon request by a prosecutor, victim, probation officer or the head of an entrusted institution, and handle cases, in accordance with the following classification: | 1. | Where forwarded by a prosecutor under Article 11, forwarding the case to a prosecutor of the prosecutors' office corresponding to the competent court; |
| 2. | Where transferred by the court under Article 12, transferring the case to the relevant court. |
[This Article Wholly Amended by Act No. 10573, Apr. 12, 2011]
| Article 47 (Termination of Protection Orders) |
The court may terminate a part or a whole of a protection order by ruling, either ex officio or upon request by a prosecutor, victim, probation officer or the head of an entrusted institution, when it deems that domestic violence offenders are able to lead a normal life at home following correcting their personality and behavior or other protection orders are not necessary any longer.
[This Article Wholly Amended by Act No. 10573, Apr. 12, 2011]
| Article 48 (Bearing Expenses) |
| (1) | Domestic violence offenders who are committed to medical institutions, etc. under Article 29 (1) 4 or who are subject to a protective disposition under Article 40 (1) 7 and 8 shall bear expenses incurred for such commitment or protective disposition: Provided, That when domestic violence offenders are unable to pay such expenses, the State may bear such expenses. |
| (2) | A judge may order domestic violence offenders to prepay expenses under the main sentence of paragraph (1). |
| (3) | Calculation of expenses to be borne by domestic violence offenders under paragraph (1), reimbursement requests for expenses, procedures for the payment thereof and other necessary matters shall be prescribed by the Supreme Court Regulations. |
[This Article Wholly Amended by Act No. 10573, Apr. 12, 2011]
SECTION 4 Appeals and Re-Appeals
| (1) | With regard to an ad hoc measure under Article 8 or 29 (including decisions on the extension or revision of ad hoc measures; hereinafter the same shall apply), a protective disposition under Article 40, the revision of a protective disposition under Article 45 or the revocation of a protective disposition under Article 46, where any violation of Acts or subordinate statutes exists, a mistake in determining significant facts that affects the decision is made, or such decision is unusually unfair, a prosecutor, domestic violence offender, the legal representative or assistant thereof may file an appeal to the collegiate division of the family court: Provided, That where a family court is not established, an appeal shall be filed to the collegiate division of the local court. |
| (2) | When the court declines to take any measure under Article 37 and such decision is remarkably unfair, prosecutors, victims or the legal representative thereof may file an appeal. In such cases, paragraph (1) shall apply mutatis mutandis to appellate courts. |
| (3) | An appeal shall be filed within seven days from the date of public notice on such decision. |
[This Article Wholly Amended by Act No. 10573, Apr. 12, 2011]
| Article 50 (Filing of Written Appeals) |
| (1) | In filing an appeal, a written appeal shall be filed with the court of original judgment. |
| (2) | Upon receipt of a written appeal, the court shall send relevant records to the appellate court within three days, along with written opinions. |
[This Article Wholly Amended by Act No. 10573, Apr. 12, 2011]
| Article 51 (Trial of Appeal) |
| (1) | The appellate court shall order to dismiss an appeal when it deems that an appeal has no merit or the proceedings therefor violate Acts. |
| (2) | When the appellate court deems that an appeal has merit, it shall remand the case to the court of first instance or transfer it to another competent court, after revoking original decisions. In such cases, it may revoke any original decision and make a decision on ad hoc measures, non-disposition or a protective disposition on its own, when it is too urgent to remand or transfer the case or when it is deemed necessary. |
[This Article Wholly Amended by Act No. 10573, Apr. 12, 2011]
| (1) | A re-appeal may be filed against a decision to dismiss an appeal to the Supreme Court, only when such decision violates Acts and subordinate statutes. |
| (2) | Article 49 (3) shall apply mutatis mutandis to re-appeals under paragraph (1). |
[This Article Wholly Amended by Act No. 10573, Apr. 12, 2011]
| Article 53 (Non-Suspension of Execution) |
No appeal or re-appeal shall have the effect of suspending the execution of a decision.
[This Article Wholly Amended by Act No. 10573, Apr. 12, 2011]
| Article 54 (Sending Records, etc. of Concluded Cases) |
The court shall send case records and written decisions to prosecutors of the corresponding prosecutors' office, without delay, when home protection cases are concluded.
[This Article Wholly Amended by Act No. 10573, Apr. 12, 2011]
CHAPTER Ⅲ VICTIM PROTECTION ORDERS
| Article 55 (Jurisdiction over Victim Protection Order Cases) |
| (1) | Victim protection order cases shall be under the jurisdiction of the family court having jurisdiction over the place for activities, residence or current place of a domestic violence offender and residence or current place of a victim: Provided, That victim protection order cases shall be under the jurisdiction of the local court of the relevant region in a region where no family court is established. |
| (2) | Victim protection order cases shall be examined and determined by a judge. |
[This Article Newly Inserted by Act No. 10921, Jul. 25, 2011]
| Article 55-2 (Victim Protection Orders) |
| (1) | If deemed necessary for the protection of a victim, a judge may issue any of the following victim protection orders against a domestic violence offender by ruling, at the request of a victim or the legal representative thereof: |
| 1. | Evacuation, etc. from a room, in which victims or family members live, or a room occupied thereby, to isolate the offender from victims; |
| 2. | Denial of access within 100 meters from the residences or places of work of victims or family members; |
| 4. | Restriction on the exercise of the parental power against a domestic violence offender in parental power. |
| (2) | A victim protection order falling under each subparagraph of paragraph (1) may be taken concurrently. |
| (3) | A domestic violence offender or the legal representative thereof may request to revoke victim protection orders issued under paragraph (1) or change the type of such orders. |
| (4) | A judge may revoke the relevant victim protection order or change the type of such order, when he/she deems that a request made under paragraph (3) or ex officio has justifiable grounds to the contrary. |
[This Article Newly Inserted by Act No. 10921, Jul. 25, 2011]
| Article 55-3 (Period of Victim Protection Orders) |
| (1) | A period of victim protection order under each subparagraph of Article 55-2 (1) shall not exceed six months: Provided, That the court may extend the period by two months,ex officio or by ruling on the request of a victim of the legal representative thereof. |
| (2) | When the court extends a period of victim protection order or changes its type, the period shall not exceed two years by adding the previous period of order. |
| Article 55-4 (Ad Hoc Protection Orders) |
| (1) | When a request for victim protection order under Article 55-2 (1) is made, a judge may issue an ad hoc protection order falling under any subparagraph of Article 55-2 (1) against a domestic violence offender by ruling if deemed necessary for the protection of a victim. |
| (2) | A period of ad hoc protection order shall be until a victim protection order is determined: Provided, That a judge may restrict the period, if deemed necessary. |
| (3) | Article 55-2 (3) and (4) shall apply mutatis mutandis to the revocation of an ad hoc protection order or the change of its types. In such cases, "a victim protection order" shall be construed as "an ad hoc protection order." |
[This Article Newly Inserted by Act No. 10921, Jul. 25, 2011]
| Article 55-5 (Investigations of Current Status of Compliance) |
| (1) | A court may have home protection case investigators, court officials, judicial police officers, probation officers, etc. frequently investigate the current status of compliance with an ad hoc protection order and a victim protection order, and report the results thereof without delay. |
| (2) | When a domestic violence offender subject to an ad hoc protection order or a victim protection order fails to comply with it or follow the execution, a court may notify a prosecutor of public prosecutors' office corresponding to the competent court the fact thereof. |
[This Article Newly Inserted by Act No. 10921, Jul. 25, 2011]
| Article 55-6 (Consolidated Examination) |
In any of the following cases, a court may consolidatedly examine a victim protection order case and a home protection case:
| 1. | Where a domestic violence offender or victim is the same person, respectively; |
| 2. | Where there is a need for consolidated examination when cases are deemed related to each other. |
[This Article Newly Inserted by Act No. 10921, Jul. 25, 2011]
| Article 55-7 (Application Mutatis Mutandis) |
[This Article Newly Inserted by Act No. 10921, Jul. 25, 2011]
| Article 58-8 (Appeals and Re-Appeals) |
| (1) | With regard to a victim protection order (including a decision of extension under Article 55-3) and its revocation or a change of its type under Article 55-2 and an ad hoc protection order and its revocation or a change of its type under Article 55-4, where any Act or subordinate statute is violated, a mistake in determining relevant facts that affects the decision is made, or the decision is unusually unfair, a victim, domestic violence offender, the legal representative or assistant thereof may file an appeal to the collegiate division of the family court: Provided, That where a family court is not established, an appeal shall be filed to the collegiate division of the local court. |
| (2) | Where a judge dismisses a victim protection order, a victim or the legal representative thereof may file an appeal. In such cases, paragraph (1) shall apply mutatis mutandis to a court of appeal. |
[This Article Newly Inserted by Act No. 10921, Jul. 25, 2011]
| Article 55-9 (Provisions for Delegation) |
Necessary matters concerning the investigation and examination of victim protection order cases shall be prescribed by the Supreme Court Regulations.
[This Article Newly Inserted by Act No. 10921, Jul. 25, 2011]
CHAPTER Ⅳ SPECIAL PROVISIONS ON HANDLING CIVIL CASES
| Article 56 (Applications for Compensation) |
| (1) | A victim may apply for a compensation order under Article 57 to the court of first instance, in which the home protection case is pending. In such cases, no stamp need be affixed. |
[This Article Wholly Amended by Act No. 10573, Apr. 12, 2011]
| Article 57 (Compensation Orders) |
| (1) | The court may issue an order to pay or compensate with cash (hereinafter referred to as "compensation") under the following subparagraphs either ex officio or upon request by a victim, when it issues a protection order in proceedings for examining home protection cases at first instance: |
| 1. | Payment of cash necessary for the support of victims or family members; |
| 2. | Compensation of material damage directly incurred in a home protection case and the loss of treatment expenses. |
| (2) | With regard to the amount of compensation agreed between a domestic violence offender and a victim in a home protection case, the court may grant an order to pay compensation under paragraph (1). |
[This Article Wholly Amended by Act No. 10573, Apr. 12, 2011]
| Article 58 (Issuance of Compensation Orders) |
| (1) | Any compensation order shall be issued simultaneously, when a decision of a protection order is made. |
| (2) | A compensation order shall be made by issuing an order to pay the certain amount of cash, and the subjects and amounts of compensation shall be indicated in the main paragraph of each written decision on a protection order. In such cases, the grounds of a compensation order may be omitted, unless it is deemed especially necessary. |
| (3) | The court may pronounce that a compensation order may be provisionally executed. |
| (5) | When the court issues a compensation order, it shall promptly send the original written decision on a protection order to offenders and victims. |
[This Article Wholly Amended by Act No. 10573, Apr. 12, 2011]
| Article 59 (Rejection of Applications) |
| (1) | When an application for compensation is illegal or groundless or when it is deemed that an order for compensation is inappropriate, the court shall rule such application dismissed. |
| (2) | When the court simultaneously holds a trial under paragraph (1) when the decision of a protection order is made, the court may indicate such fact in the main paragraph of a written decision on a protection order. |
| (3) | No applicant may apply to overturn trials, which have rejected an application or cited the part thereof, and apply for the same compensation once again. |
[This Article Wholly Amended by Act No. 10573, Apr. 12, 2011]
| Article 60 (Overturning Judgements) |
| (1) | When an appeal is filed against a protection order, a compensation order shall be transferred to an appellate trial, along with a home protection case. The same shall apply to a re-appeal against a protection order. |
| (2) | Even when the court upholds the decision of first instance in an appellate trial, it may revoke or revise a compensation order. |
| (3) | A domestic violence offender may only file an appeal against a compensation order, without filing an appeal against a decision on a protection order. In such cases, the offender shall file an appeal against such decision within seven days. |
| (4) | Only when a decision to reject an appeal under paragraph (3) violates any Act or subordinate statute, an offender may file a re-appeal against such decision with the Supreme Court within seven days. The same shall apply to cases where an offender only files a re-appeal against a compensation order with regard to the decision of an appellate trial under the former part of paragraph (1). |
| (5) | No appeal or re-appeal under paragraphs (1), (3) and (4) shall have the effect of suspending the execution of a compensation order. |
[This Article Wholly Amended by Act No. 10573, Apr. 12, 2011]
| Article 61 (Effects of Compensation Order and Compulsory Execution) |
| (1) | The original written decision on a protection order which states a finalized compensation order or a compensation order with the pronouncement of provisional execution shall have the same effect as the original judgement on civil cases with the executive force, with regard to the compulsory execution under the Civil Execution Act. |
| (2) | When a compensation order under this Act is finalized, no victim may apply for compensation for damage under other procedures within the scope of the cited amounts thereof. |
[This Article Wholly Amended by Act No. 10573, Apr. 12, 2011]
| Article 62 (Application Mutatis Mutandis of other Acts) |
[This Article Wholly Amended by Act No. 10573, Apr. 12, 2011]
CHAPTER Ⅴ PENAL PROVISIONS
| Article 63 (Non-Compliance with Protective Disposition, etc.) |
| (1) | Any of the following domestic violence offenders shall be punished by imprisonment for not more than 2 years or by a fine not exceeding 20 million won or shall be subject to penal detention: <Amended by Act No. 11150, Jan. 17, 2012> |
| 1. | A domestic violence offender who fails to comply with the protective disposition after a protective disposition falling under any of the subparagraphs 1 through 3 of Article 40 (1) is finalized; |
| 2. | A domestic violence offender who fails to comply with the victim protection order or ad hoc protection order after he/she receives a victim protection order under Article 55-2 or ad hoc protection order under Article 55-4. |
| (2) | A domestic violence offender who habitually commits a violation prescribed in paragraph (1) shall be punished by imprisonment for not more than three years or by a fine not exceeding 30 million won. <Newly Inserted by Act No. 11150, Jan. 17, 2012> |
[This Article Wholly Amended by Act No. 10921, Jul. 25, 2011]
| Article 64 (Violations of Duty of Confidentiality, etc.) |
| (1) | Any assistant (excluding attorneys-at-law), counselor or the head of a counseling center, etc. (including any person who holds such position) who violates the duty of confidentiality under Article 18 (1) shall be punished by imprisonment for not more than one year, the suspension of qualification for not more than two years or by a fine not exceeding ten million won. |
| (2) | An editor, publisher or employee of a newspaper, the chief editor, head or employee of a broadcasting company or author and publisher of any other publication, who violates the duty not to report under Article 18 (2) shall be punished by a fine not exceeding five million won. |
[This Article Wholly Amended by Act No. 10573, Apr. 12, 2011]
| Article 65 (Fines for Negligence) |
Any of the following persons shall be punished by a fine for negligence not exceeding five million won: <Amended by Act No. 10921, Jul. 25, 2011>
| 1. | A person who fails to comply with a summon under Article 24 (1), without justifiable grounds; |
| 2. | A person who fails to comply with an order to submit a report or written opinion under Article 44, without justifiable grounds; |
| 3. | A person who fails to implement or comply with the execution of a protective disposition under Article 40 (1) 4 through 8, with regard to home protection cases under Article 9 or 12, which are forwarded by prosecutors or a court, without justifiable grounds, after such disposition is finalized; |
| 4. | A person who fails to comply with an ad hoc measure falling under any subparagraph 1 through 3 of Article 29 (1), without justifiable grounds. |
[This Article Wholly Amended by Act No. 10573, Apr. 12, 2011]
| Article 66 (Fines for Negligence) |
A person who falls under any subparagraph of Article 4 (2) and fails to report, without a justifiable ground, a crime of domestic violence he/she becomes aware of in the course of performing his/her duties shall be punished by a fine for negligence not exceeding three million won. [This Article Newly Inserted by Act No. 11150, Jan. 17, 2012]
ADDENDUM
This Act shall enter into force on July 1, 1998.
ADDENDUM<Act No. 5676, Jan. 21, 1999>
This Act shall enter into force one month after the date of its promulgation.
ADDENDA<Act No. 6082, Dec. 31, 1999>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation.
Articles 2 through 4 Omitted.
ADDENDA<Act No. 6151, Jan. 12, 2000>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Articles 2 through 4 Omitted.
ADDENDA<Act No. 6626, Jan. 26, 2002>
Article 1 (Enforcement Date)
This Act shall enter into force on July 1, 2002.
Articles 2 through 7 Omitted.
ADDENDA<Act No. 6627, Jan. 26, 2002>
Article 1 (Enforcement Date)
This Act shall enter into force on July 1, 2002.
Articles 2 through 7 Omitted.
ADDENDUM<Act No. 6783, Dec. 18, 2002>
This Act shall enter into force three months after the date of its promulgation.
ADDENDA<Act No. 7356, Jan. 27, 2005>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation.
Article 2 (Transitional Measures concerning Crimes of Domestic Violence Already Committed)
The amended provisions of Articles 9 (2), 37 (1) 1 and 65 shall not apply to the crimes of domestic violence committed before this Act enters into force.
ADDENDA<Act No. 7427, Mar. 31, 2005>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 7 Omitted.
ADDENDA<Act No. 7849, Feb. 21, 2006>
Article 1 (Enforcement Date)
This Act shall enter into force on July 1, 2006. (Proviso Omitted).
Articles 2 through 41 Omitted.
ADDENDUM<Act No. 8434, May 17, 2007>
This Act shall enter into force on January 1, 2008.
ADDENDUM<Act No. 8580, Aug. 3, 2007>
This Act shall enter into force on the date of its promulgation.
ADDENDUM<Act No. 10573, Apr. 12, 2011>
This Act shall enter into force on the date of its promulgation.
ADDENDUM<Act No. 10789, Jun. 7, 2011>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation. (Proviso Omitted.)
Articles 2 through 6 Omitted.
ADDENDUM<Act No. 10921, Jul. 25, 2011>
This Act shall enter into force three months after the date of its promulgation.
ADDENDUM<Act No. 11002, Aug. 4, 2011>
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation.
Articles 2 through 7 Omitted.
ADDENDUM<Act No. 11005, Aug. 4, 2011>
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation. (Proviso Omitted.)
Articles 2 through 4 Omitted.
ADDENDA<Act No. 11150, Jan. 17, 2012>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation.
Article 2 (Transitional Measures concerning Penal Provisions)
The amended provisions of Articles 63 (2) shall not apply to the crimes of domestic violence committed before this Act enters into force. When one crime is committed spanning before and after the enactment of this Act, it shall be deemed committed before this Act enters into force. Article 3 (Transitional Measures concerning Fines for Negligence)
The amended provisions of Articles 66 shall not apply to the crimes of domestic violence committed before this Act enters into force.