ENFORCEMENT DECREE OF THE ACT ON THE PREVENTION OF DOMESTIC VIOLENCE AND PROTECTION OF VICTIMS
Presidential Decree No. 15826, Jul. 1, 1998
Amended by Presidential Decree No. 17116, Jan. 29, 2001
Presidential Decree No. 18312, Mar. 17, 2004
Presidential Decree No. 18361, Apr. 6, 2004
Presidential Decree No. 18873, jun. 23, 2005
Presidential Decree No. 19710, Oct. 23, 2006
Presidential Decree No. 20506, Dec. 31, 2007
Presidential Decree No. 20682, Feb. 29, 2008
Presidential Decree No. 21786, Oct. 19, 2009
Presidential Decree No. 22076, Mar. 15, 2010
Presidential Decree No. 22478, Nov. 10, 2010
Presidential Decree No. 22568, Dec. 29, 2010
Presidential Decree No. 22809, Mar. 30, 2011
Presidential Decree No. 25128, Jan. 28, 2014
Presidential Decree No. 25482, Jul. 16, 2014
Presidential Decree No. 25532, Aug. 6, 2014
Presidential Decree No. 25751, Nov. 19, 2014
Presidential Decree No. 25840, Dec. 9, 2014
Presidential Decree No. 26720, Dec. 15, 2015
Presidential Decree No. 27751, Dec. 30, 2016
[This Article Wholly Amended by Presidential Decree No. 21786, Oct. 19, 2009]
| Article 1-2 (Formulation, etc. of Plans for Eduction for Prevention of Domestic Violence) |
| 2. | Institutions and organizations publicly notified as public service-related organizations in the Official Gazette by the Minister of Personnel Management pursuant to Article 3-2 (2) of the Enforcement Decree of the Public Service Ethics Act (excluding institutions and organizations deemed excluded from the list of public service-related organizations pursuant to paragraph (3) of the same Article). |
| (2) | The heads of national agencies and local governments, the heads of schools of various levels under the Elementary and Secondary Education Act, and the heads of institutions and organizations under the subparagraphs of paragraph (1) (hereinafter referred to as "heads of national agencies, etc.") shall provide education for the prevention of domestic violence for at least one hour at least once every year to persons affiliated with such institutions and organizations, and to students, etc. In such cases, education shall be provided to persons newly employed by institutions and organizations within two months from the date of their employment. <Amended by Presidential Decree No. 25482, Jul. 16, 2014> |
| (3) | Education for the prevention of domestic violence may be provided on the following matters through teaching methods involving lectures, audio-visual aids, Internet websites, etc., but face-to-face education shall be included therein. In such cases, if children are to be educated, a program to enhance their ability to respond to an emergency of domestic violence shall be included in such education: <Amended by Presidential Decree No. 25482, Jul. 16, 2014> |
| 1. | Matters concerning leading a normal domestic life, and maintaining and developing relationships among family members; |
| 2. | Matters concerning the prevention of domestic violence from a gender awareness perspective; |
| 3. | Matters concerning introduction to and publicity regarding related Acts and subordinate statutes for the prevention of domestic violence; |
| 4. | Other matters necessary to promote a sound value system for a normal domestic life and to prevent domestic violence. |
| (4) | The heads of national agencies, etc., who provide education for the prevention of domestic violence shall submit the previous year’s results of education for the prevention of domestic violence to the Minister of Gender Equality and Family by the end of February every year pursuant to Article 4-3 (1) of the Act. |
| (5) | The term "educational institution prescribed by Presidential Decree" under Article 4-3 (3) of the Act means any of the following institutions or organizations: |
| 1. | Institutions or organizations related to policies on women, established and operated by the State or local governments; |
| 2. | Institutions or organizations deemed by the Minister of Gender Equality and Family to have human and physical resources capable of providing education for the prevention of domestic violence among the following institutions or organizations: |
| (b) | Nonprofit institutions or organizations with an objective of preventing domestic violence and protecting victims stipulated in their articles of association, bylaws, etc. |
| (6) | Pursuant to Article 4-3 (5) of the Act, the Minister of Gender Equality and Family shall inspect the results of providing education for the prevention of domestic violence submitted pursuant to paragraph (4) through review of data that has been entered into computer systems, through review of documents, etc., and may make an on-site inspection if necessary. <Newly Inserted by Presidential Decree No. 25482, Jul. 16, 2014> |
| (7) | Within six months from the inspection of an institution or organization deemed to have received insufficient education for the prevention of domestic violence, the Minister of Gender Equality and Family shall provide special eduction to the manager thereof pursuant to Article 4-3 (6) of the Act. <Newly Inserted by Presidential Decree No. 25482, Jul. 16, 2014> |
| (8) | Pursuant to Article 4-3 (8) of the Act, the Minister of Gender Equality and Family shall announce the result of inspecting the provision of education for the prevention of domestic violence by publishing it on an Internet website or in general daily newspapers, etc. registered pursuant to Article 9 (1) of the Act on the Promotion of Newspapers, etc., which have nationwide distribution coverage. <Newly Inserted by Presidential Decree No. 25482, Jul. 16, 2014> |
| (9) | The heads of national agencies, etc. may provide education for the prevention of domestic violence by entrusting it to specialized institutions and organizations, such as counseling centers related to domestic violence under Article 5 of the Act, educational institutions under paragraph (5), etc., or specialists in education for the prevention of domestic violence. |
| (10) | The Minister of Gender Equality and Family and the heads of relevant central administrative agencies may assist the heads of national agencies, etc. providing education for the prevention of domestic violence with necessary teaching aids, data, or specialists. |
[This Article Wholly Amended by Presidential Decree No. 25128, Jan. 28, 2014]
| Article 1-3 (Support for Children to Attend School) |
| (1) | Where, pursuant to Article 4-4 of the Act, the victim or the guardian (excluding a domestic violence offender) of a child who is a family member (referring to a person protected or reared by a victim among persons under subparagraph 2 of Article 2 of the Act on Special Cases concerning the Punishment, etc. of Crimes of Domestic Violence; hereinafter the same shall apply) accompanied by the victim (hereinafter referred to as "victimized child"), intends to have the victimized child enter an elementary school in an area outside of the victimized child's domicile, the head of the elementary school that the victimized child is to enter shall approve the victimized child’s entering the school if the occurrence of domestic violence is verified. |
| (2) | If the occurrence of domestic violence is confirmed, the head of an elementary school shall recommend the head of a district office of education to transfer the victimized child to another school with the approval of one of the guardians of the victimized child. In such cases, the head of a district office of education shall designate a school and transfer the victimized child to such school. |
| (3) | If the occurrence of domestic violence is verified, the head of a middle school shall recommend that the victimized child be transferred to or granted special entry into another school; the head of a district office of education shall designate and allocate a school for the victimized child who is recommended by the head of a middle school or who applies to re-enter a school, to be transferred, to be granted special entry, or allowed to re-enter. |
| (4) | Paragraph (3) shall apply mutatis mutandis to the case of a high school. In such cases, "head of a middle school" shall be construed as "head of a high school," and "head of a district office of education" as "a superintendent of education,” respectively. |
| (5) | In order to protect a victim and family members accompanied by a victim, the head of an Eup/Myeon/Dong, the head of a school, the head of a district office of education, or a superintendent of education shall manage and supervise to prevent the measures taken pursuant to paragraphs (1) through (4) from being disclosed to persons other than admission officers. |
[This Article Wholly Amended by Presidential Decree No. 21786, Oct. 19, 2009]
| Article 1-4 (Entrustment of Establishment and Operation of Emergency Hotlines) |
The term "institutions or organizations prescribed by Presidential Decree" under Article 4-6 (2) of the Act means the following corporations or organizations: Provided, That the foregoing shall apply to a corporation or organization falling under subparagraph 3 only if the establishment and operation of an emergency hotline that provides foreign-language services pursuant to the latter part of the part other than the subparagraphs of Article 4-6 (1) of the Act is entrusted: <Amended by Presidential Decree No. 25482, Jul. 16, 2014> | 3. | A corporation or organization designated and publicly notified by the Minister of Gender Equality and Family from among nonprofit corporations or organizations having facilities and professionals providing multilingual counseling services for the prevention of domestic violence and the protection of victims; |
| 4. | Other nonprofit corporations or organizations with a main task of preventing domestic violence and protecting victims. |
[This Article Newly Inserted by Presidential Decree No. 21786, Oct. 19, 2009]
| Article 1-5 (Domestic Violence Eradication Week) |
The Domestic Violence Eradication Week shall run from the 25th day of November to the first day of December every year under Article 4-7 (1) of the Act. [This Article Newly Inserted by Presidential Decree No. 26720, Dec. 15, 2015]
| Article 2 (Period, etc. of Temporary Protection) |
| (1) | Where the head of a counseling center for domestic violence under Article 5 of the Act (hereinafter referred to as "counseling center") deems that temporary protection is necessary following consultation with a victim under subparagraph 2 or 4 of Article 6 of the Act, he/she shall place the victim under temporary protection. In such cases, where the counseling center has no temporary shelter, he/she shall, without delay, transfer the victim to a counseling center with a temporary shelter or to a shelter for victims of domestic violence under Article 7 of the Act (hereinafter referred to as "shelter") and place the victim under temporary protection. |
| (2) | No period of temporary protection provided by the head of a counseling center or shelter pursuant to paragraph (1) shall exceed three days. |
| (3) | Notwithstanding paragraph (2), where the head of a counseling center or shelter deems that a special need exists for the protection of persons in need of temporary protection, the period of temporary protection may be extended to up to seven days. |
| (4) | Where temporary protection under paragraphs (1) through (3) is provided, consent from the victim or his/her guardian shall be obtained. |
[This Article Wholly Amended by Presidential Decree No. 21786, Oct. 19, 2009]
| Article 3 (Provision of Protection Expenses to Shelters) |
[This Article Wholly Amended by Presidential Decree No. 22478, Nov. 10, 2010]
| Article 4 (Entrustment of Refresher Training) |
The term "specialized institutions prescribed by Presidential Decree" under Article 8-4 (2) of the Act means any of the following institutions: | 1. | Institutions related to policies on women, established and operated by the State or local governments; |
| 2. | Educational institutions established and operated by legal aid corporations under the Legal Aid Act; |
| 3. | Other educational institutions established and operated by nonprofit corporations or organizations with a main task of preventing domestic violence and protecting victims. |
[This Article Wholly Amended by Presidential Decree No. 21786, Oct. 19, 2009]
| Article 4-2 (Persons Eligible for Priority to Live in Rental Houses) |
| (1) | Persons eligible for priority to live in rental houses under Article 8-5 of the Act shall be any of the following: <Amended by Presidential Decree No. 22076, Mar. 15, 2010> |
| 1. | A victim who had stayed in a shelter for at least six months, for whom two years have not passed from the date he/she was discharged from the shelter (excluding a person discharged from a shelter pursuant to subparagraph 3 of Article 7-4 of the Act); |
| 2. | A victim who had stayed in a transitional housing facility for victims supported by the Minister of Gender Equality and Family for at least two years, for whom two years have not passed from the date he/she was discharged from the facility (excluding a person discharged from a transitional housing facility after moving into the facility by fraud or other improper means). |
| (2) | Procedures, methods, etc., necessary for the selection of persons eligible for priority to live in rental houses under paragraph (1), shall be determined by the Minister of Gender Equality and Family. <Amended by Presidential Decree No. 22076, Mar. 15, 2010> |
[This Article Newly Inserted by Presidential Decree No. 21786, Oct. 19, 2009]
| Article 5 (Counseling Centers or Shelters Jointly Establishable and Operable) |
The counseling centers or shelters of similar nature that can be established and operated after being integrated with other counseling centers or shelters pursuant to Article 14 of the Act, are as follows: <Amended by Presidential Decree No. 22076, Mar. 15, 2010; Presidential Decree No. 22568, Dec. 29, 2010> | 4. | Other counseling centers or shelters related to family welfare or social welfare determined and publicly notified by the Minister of Gender Equality and Family. |
[This Article Wholly Amended by Presidential Decree No. 21786, Oct. 19, 2009]
| Article 6 (Range of Other Medical Care) |
| 1. | Psychotherapy, such as the implementation of various treatment programs for mental stability of pregnant women; |
| 2. | Medical examinations or treatment to protect pregnant women and fetuses; |
| 3. | Medical care for newborn babies of the victims of domestic violence. |
[This Article Wholly Amended by Presidential Decree No. 21786, Oct. 19, 2009]
| Article 7 (Handling of Sensitive Information and Personally Identifiable Information) |
Where necessary to conduct the following duties, the Minister of Gender Equality and Family (including a person delegated with the authority of the Minister of Gender Equality and Family pursuant to Article 19 of the Act), the heads of local governments (where relevant authority has been delegated or entrusted, including persons delegated or entrusted with such authority), or the heads of shelters, may handle data containing health information under Article 23 of the Personal Information Protection Act, or resident registration numbers or alien registration numbers under subparagraph 1 or 4 of Article 19 of the Enforcement Decree of the same Act: [This Article Newly Inserted by Presidential Decree No. 25532, Aug. 6, 2014]
| Article 8 Deleted. <by Act No. 27751, Dec. 30, 2016> |
| Article 9 (Standards for Imposition of Administrative Fines) |
The standards for imposition of administrative fines under Article 22 (1) and (2) of the Act shall be as listed in attached Table. <Amended by Presidential Decree No. 25128, Jan. 28, 2014> [This Article Wholly Amended by Presidential Decree No. 22809, Mar. 30, 2011]
ADDENDUM
This Decree shall enter into force on July 1, 1998.
ADDENDA <Presidential Decree No. 17116, Jan. 29, 2001>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Articles 2 through 5 Omitted.
ADDENDUM <Presidential Decree No. 18312, Mar. 17, 2004>
This Decree shall enter into force on the date of its promulgation.
ADDENDUM <Presidential Decree No. 18361, Apr. 6, 2004>
This Decree shall enter into force on the date of its promulgation.
ADDENDA <Presidential Decree No. 18873, Jun. 23, 2005>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Articles 2 through 5 Omitted.
ADDENDUM <Presidential Decree No. 19710, Oct. 23, 2006>
This Decree shall enter into force on the date of its promulgation.
ADDENDUM <Presidential Decree No. 20506, Dec. 31, 2007>
This Decree shall enter into force on the date of its promulgation.
ADDENDA <Presidential Decree No. 20682, Feb. 29, 2008>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Articles 2 and 3 Omitted.
ADDENDUM <Presidential Decree No. 21786, Oct. 19, 2009>
This Decree shall enter into force on November 9, 2009.
ADDENDA <Presidential Decree No. 22076, Mar. 15, 2010>
Article 1 (Enforcement Date)
This Decree shall enter into force on March 19, 2010.
Articles 2 and 3 Omitted.
ADDENDUM <Presidential Decree No. 22478, Nov. 10, 2010>
This Decree shall enter into force on February 5, 2011.
ADDENDA <Presidential Decree No. 22568, Dec. 29, 2010>
Article 1 (Enforcement Date)
This Decree shall enter into force on January 1, 2011.
Articles 2 through 5 Omitted.
ADDENDA <Presidential Decree No. 22809, Mar. 30, 2011>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation.
Article 2 (Transitional Measures concerning Administrative Fines)
| (1) | Notwithstanding the amended provisions of attached Table, the former provisions on standards for imposition of administrative fines shall apply to violations committed before this Decree enters into force. |
| (2) | Dispositions for imposition of administrative fines for violations committed before this Decree enters into force shall not be counted in the number of violations under the amended provisions of attached Table. |
ADDENDUM <Presidential Decree No. 25128, Jan. 18, 2014>
This Decree shall enter into force on January 31, 2014.
ADDENDA <Presidential Decree No. 25482, Jul. 16, 2014>
Article 1 (Enforcement Date)
This Decree shall enter into force on July 22, 2014.
Article 2 (Applicability concerning Implementation of Education on Prevention of Domestic Violence)
The amended provisions of the latter part of Article 1-2 (2) shall apply to persons newly appointed after this Decree enters into force.
ADDENDUM <Presidential Decree No. 25532, Aug. 6, 2014>
This Decree shall enter into force on August 7, 2014.
ADDENDA <Presidential Decree No. 25751, Nov. 19, 2014>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 5 Omitted.
ADDENDA <Presidential Decree No. 25840, Dec. 9, 2014>
Article 1 (Enforcement Date)
This Decree shall enter into force on January 1, 2015.
Articles 2 through 16 Omitted.
ADDENDUM <Presidential Decree No. 26720, Dec. 15, 2015>
This Decree shall enter into force on December 23, 2015.
ADDENDA <Presidential Decree No. 27751, Dec. 30, 2016>
Article 1 (Enforcement Date)
This Decree shall enter into force on January 1, 2017. (Proviso Omitted.)
Articles 2 through 12 Omitted.