ACT ON THE PREVENTION OF DOMESTIC VIOLENCE AND PROTECTION OF VICTIMS
Act No. 8367, Apr. 11, 2007
Amended by Act No. 8653, Oct. 17, 2007
Act No. 8852, Feb. 29, 2008
Act No. 9668, May 8, 2009
Act No. 9932, Jan. 18, 2010
Act No. 10038, Feb. 4, 2010
Act No. 10300, May 17, 2010
Act No. 11280, Feb. 1, 2012
Act No. 11690, Mar. 23, 2013
Act No. 11832, May 28, 2013
Act No. 11981, Jul. 30, 2013
Act No. 12327, Jan. 21, 2014
Act No. 12698, May 28, 2014
Act No. 13368, jun. 22, 2015
Act No. 14058, Mar. 2, 2016
Act No. 15202, Dec. 12, 2017
Act No. 15448, Mar. 13, 2018
Act No. 15543, Mar. 27, 2018
Act No. 17437, jun. 9, 2020
The purpose of this Act is to prevent domestic violence and to protect and support victims thereof.
[This Article Wholly Amended on Apr. 28, 2006]
| Article 1-2 (Basic Ideas) |
The victims of domestic violence shall have the rights to be respected for human dignity and security by swiftly escaping from the damaging situation.
[This Article Newly Inserted on Dec. 12, 2017]
The terms used in this nuclear energy shall be defined as follows:
| 3. | The term "victim" means a person who has been directly damaged by domestic violence; |
| 4. | The term "child" means a person who is under 18 years of age. |
[This Article Wholly Amended on Oct. 17, 2007]
| Article 3 Deleted. <Apr. 28, 2006> |
| Article 4 (Responsibilities of the State and Other Entities) |
| (1) | The State and a local government shall take each of the following measures to prevent domestic violence and to protect and support victims thereof: <Amended on May 8, 2009; Jul. 30, 2013; Jun. 22, 2015; Dec. 12, 2017; Jun. 9, 2020> |
| 1. | Establishment and operation of a domestic violence reporting system; |
| 2. | Investigation, research, education and publicity for the prevention of domestic violence; |
| 3. | Establishment and operation of facilities to protect and support victims; |
| 4. | Grant of a preferential right to residency in a rental house, and provision of supportive services for self-reliance and self-support such as vocational training; |
| 5. | Legal aid and provision of other supportive services for victims; |
| 6. | Establishment and operation of a cooperation network among related agencies to facilitate protection and support for victims; |
| 7. | Improvement of related statutes and formulation, implementation and evaluation of various policies for preventing and forestalling domestic violence and protecting and supporting victims; |
| 8. | Preparation of safety measures for personal protection of victims and employees, such as counselors working in emergency hotlines under Article 4-6, counseling centers for domestic violence under Article 5, shelters for victims of domestic violence under Article 7; |
| 9. | Prevention of personal exposure of victims and establishment of a victim protection and support system in consideration of the characteristics of damage from domestic violence; |
| 10. | Provision of counseling and treatment programs necessary for physical and mental recovery of children who have witnessed, or have suffered, domestic violence. |
| (2) | In order to fully perform the duties under paragraph (1), the State and a local government shall take budgetary measures, such as securing financial resources. <Amended on Dec. 12, 2017> |
| (3) | A Special Metropolitan City, a Metropolitan City, a Special Self-Governing City, Do, a Special Self-Governing Province and a Si/Gun/Gu (referring to an autonomous Gu; hereinafter the same shall apply) shall have organizations and public officials in charge of preventing domestic violence and providing protection and support to victims. <Amended on Mar. 13, 2018> |
| (4) | The State and a local government shall foster and support, with a subsidy for expenses, etc., counseling centers related to domestic violence and shelters for the victims established and operated under Articles 5 (2) and 7 (2). |
[This Article Wholly Amended on Oct. 17, 2007]
| Article 4-2 (Investigation into Actual Conditions of Domestic Violence) |
| (1) | The Minister of Gender Equality and Family shall investigate actual conditions of domestic violence every three years, and announce the findings thereof and utilize such findings as basic materials in policy making for the prevention of domestic violence. <Amended on Feb. 29, 2008; Jan. 18, 2010> |
| (2) | Matters necessary for the method, contents, etc. of investigations into actual conditions of domestic violence under paragraph (1) shall be prescribed by Ordinance of the Ministry of Gender Equality and Family. <Amended on Feb. 29, 2008; Jan. 18, 2010> |
[This Article Wholly Amended on Oct. 17, 2007]
| Article 4-3 (Provision of Domestic Violence Prevention Education) |
| (1) | National agencies, local governments, principals at all school levels under the Elementary and Secondary Education Act and the heads of public organizations prescribed by Presidential Decree shall provide education necessary for the prevention and avoidance of domestic violence, and submit the outcomes thereof to the Minister of Gender Equality and Family. <Amended on May 17, 2010; Jul. 30, 2013> |
| (3) | The Minister of Gender and Family, or the Special Metropolitan City Mayor, a Metropolitan City Mayor, the Special Self-Governing City Mayor, a Do Governor, and the Special Self-Governing Province Governor (hereinafter referred to as “Mayor/Do Governor”) may provide education to persons who are not eligible for education under paragraph (1), necessary for preventing and avoiding domestic violence. In such cases, the Minister of Gender and Family or the Mayor/Do Governor may entrust education-related affairs to a counseling center for domestic violence under Article 5 or an educational institution prescribed by Presidential Decree. <Amended on Mar. 27, 2018> |
| (4) | The Minister of Gender Equality and Family shall train professional instructors for the education under paragraph (1), and develop and disseminate educational programs. <Newly Inserted on Jul. 30, 2013> |
| (5) | The Minister of Gender Equality and Family shall annually inspect the results of the practice of conducting domestic violence prevention education under paragraph (1), as prescribed by Presidential Decree. <Newly Inserted on Jan. 21, 2014> |
| (6) | The Minister of Gender Equality and Family shall take necessary measures, such as special education of managers, against agencies or organizations deemed to have provided insufficient education as a result of inspection under paragraph (5), as prescribed by Presidential Decree. <Newly Inserted on Jan. 21, 2014> |
| (7) | The Minister of Gender Equality and Family may require the heads of the relevant agencies or organizations to reflect the results of inspection under paragraph (5) in the following: <Newly Inserted on Jan. 21, 2014> |
| (8) | The Minister of Gender Equality and Family shall officially announce the results of inspection under paragraph (5) via news media, etc., as prescribed by Presidential Decree: Provided, That the foregoing shall not apply where an official announcement is restricted by other Acts. <Newly Inserted on Jan. 21, 2014> |
| (9) | Matters necessary for the details and methods of education under paragraph (1), submission of outcomes, etc. shall be prescribed by Presidential Decree. <Newly Inserted on Jul. 30, 2013; Jan. 21, 2014> |
[This Article Wholly Amended on Oct. 17, 2007]
| Article 4-4 (Support for School Attendance of Children) |
| (1) | Where a victim or a family member accompanied by the victim (referring to a person who is protected or brought up by the victim among the 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) is a child, and if the child needs to attend school in a region other than the place of his/her domicile (including admission, readmission, transference, transfer admission into school; hereinafter the same shall apply), the State and a local government shall provide support so that he/she can attend school without difficulty. |
| (2) | Matters necessary for attending school under paragraph (1) shall be prescribed by Presidential Decree. |
[This Article Wholly Amended on Oct. 17, 2007]
| Article 4-5 (Prohibition of Disadvantageous Disposition against Victims) |
[This Article Wholly Amended on Oct. 17, 2007]
| Article 4-6 (Establishment and Operation of Emergency Hotlines) |
| (1) | The Minister of Gender Equality and Family or a Mayor/Do Governor shall establish and operate emergency hotline centers in order to perform affairs referred to in the following subparagraphs. In such cases, he/she may separately establish and operate emergency hotline centers providing foreign language services: <Amended on Jan. 18, 2010; Jun. 22, 2015; Mar. 13, 2018; Mar. 27, 2018> |
| 1. | Receipt of reports from victims and provision of counseling; |
| 2. | Interconnection with related institutions and establishments; |
| 3. | Provision of emergency rescue services for victims; |
| 4. | Temporary protection of a victim transferred from police stations, etc. and the family members accompanied by the victim (hereinafter referred to as "victims, etc."). |
| (2) | The Minister of Gender Equality and Family or the Mayor/Do Governor may entrust an institution or an organization prescribed by Presidential Decree with the establishment and operation of an emergency hotline center pursuant to paragraph (1). <Amended on Jan. 18, 2010> |
| (3) | Where the Minister of Gender Equality and Family or the Mayor/Do Governor entrusts the establishment and operation of an emergency hotline center pursuant to paragraph (2), he/she shall support expenses necessary therefor. <Amended on Jan. 18, 2010> |
| (4) | Matters necessary for the establishment and operation of an emergency hotline center pursuant to paragraph (1) shall be prescribed by Ordinance of the Ministry of Gender Equality and Family. <Amended on Jan. 18, 2010> |
[This Article Newly Inserted on May 8, 2009]
| Article 4-7 (Domestic Violence Eradication Week) |
| (1) | A week a year shall be designated as the Domestic Violence Eradication Week in order to raise social awareness on and prevent domestic violence, as prescribed by Presidential Decree. |
| (2) | The State and local governments shall conduct projects including events in line with the objectives of the Domestic Violence Eradication Week. In such cases, the projects may be performed in conjunction with the events dedicated to the Sexual Assault Prevention Week prescribed in Article 6 of the Sexual Violence Prevention and Victims Protection Act. |
[This Article Newly Inserted on Jun. 22, 2015]
| Article 5 (Establishment and Operation of Counseling Centers) |
| (1) | The State or a local government may establish and operate a counseling center related to domestic violence (hereinafter referred to as "counseling center"). |
| (2) | Any person, other than the State or a local government, who intends to establish and operate a counseling center shall report to the Special Self-Governing City Mayor, a Special Self-Governing Province Governor, or the head of a Si/Gun/Gu (the head of a Gu means that of an autonomous Gu; hereinafter referred to as "head of a Si/Gun/Gu"). The same shall apply where he/she intends to modify any reported matters determined as important by Ordinance of the Ministry of Gender and Family. <Amended on Mar. 13, 2018> |
| (3) | The head of a Si/Gun/Gu shall inform the reporter whether a report has been received or its handling period has been prolonged under the statutes governing handling of civil petitions within 10 days (within five days in cases of reporting any modifications) from the date of receiving a report under paragraph (2). <Newly Inserted on Mar. 13, 2018> |
| (4) | The counseling centers can be operated by specializing in target users such as foreigners, persons with disabilities, etc. <Newly Inserted on Dec. 12, 2017; Mar. 13, 2018> |
| (5) | Matters necessary for the standards of establishing and operating counseling centers, the number of counselors therein, and reporting procedures, etc. shall be prescribed by Ordinance of the Ministry of Gender Equality and Family. <Amended on Feb. 29, 2008; Jan. 18, 2010; Dec. 12, 2017; Mar. 13, 2018> |
[This Article Wholly Amended on Oct. 17, 2007]
| Article 6 (Services of Counseling Centers) |
The services of a counseling center shall be as follows: <Amended on Jul. 30, 2013; Jun. 22, 2015>
| 1. | Receipt of reports, or consultations, on domestic violence; |
| 1-2. | Counselling for persons who report domestic violence or make a request for counselling thereon, and counselling for their family members; |
| 2. | Temporary protection of victims, etc. who have difficulty in leading a normal family life and social life due to domestic violence or require emergency protection, or transferring the victim, etc. to a medical institution or shelters for victims of domestic violence under Article 7 (1); |
| 3. | Requests for necessary cooperation and support from the Korean Bar Association or local bar associations and legal aid corporations established under the Legal Aid Act (hereinafter referred to as "legal aid corporation") for consultations with respect to legal matters, such as filing criminal charges against domestic violence assailants; |
| 4. | Temporary protection of victims, etc. transferred from police stations, etc.; |
| 5. | Education and publicity concerning the prevention and avoidance of domestic violence; |
| 6. | Other investigations and research on domestic violence and damage therefrom. |
[This Article Wholly Amended on Oct. 17, 2007]
| Article 7 (Establishment of Shelters) |
| (1) | The State or a local government may establish and operate a shelter for victims of domestic violence (hereinafter referred to as "shelter"). |
| (2) | A social welfare corporation under the Social Welfare Services Act (hereinafter referred to as "social welfare corporation") and other nonprofit corporations may establish and operate shelters with the authorization from the head of a Si/Gun/Gu. |
| (3) | A shelter shall have a counselor and may have employees, such as life aides, cooks, and janitors, depending on the scale of the shelter. |
| (4) | Matters necessary for the standards for establishment and operation of shelters, the type of occupation and number of employees, including counselors, and the standards for authorization thereof shall be prescribed by Ordinance of the Ministry of Gender Equality and Family. <Amended on Feb. 29, 2008; Jan. 18, 2010> |
[This Article Wholly Amended on Aug. 17, 2007]
| Article 7-2 (Categories of Shelters) |
| (6) | Types of resident support projects shall be as follows: <Amended on Jun. 9, 2020> |
| 1. | Short-term shelters: Facilities to protect victims, etc. for a period not exceeding six months; |
| 2. | Long-term shelters: Facilities to provide victims, etc. with residential convenience, etc. for their self-reliance for a period not exceeding two years; |
| 3. | Shelters for foreigners: Facilities to protect foreign victims, etc. for up to two years; |
| (2) | Heads of short-term shelters may extend the protection period twice for up to three months each time for victims, etc. who have entered such shelters, as prescribed by Ordinance of the Ministry of Gender Equality and Family. <Amended on Feb. 29, 2008; Jan. 18, 2010; Mar. 27, 2018> |
[This Article Wholly Amended on Oct. 17, 2007]
| Article 7-3 (Persons subject to Admission to Shelters) |
| (1) | A person subject to admission to a shelter shall be a victim, etc. who falls under any of the following subparagraphs: |
| 1. | Where the victim, etc. wishes or consents to be admitted to such facility; |
| 3. | Where it is deemed inappropriate to obtain the consent of a guardian to admission of an intellectually disabled person or mentally disabled person pursuant to Article 2 of the Act on Welfare of Persons with Disabilities, or any other disabled person whose mental capacity is impaired, although he/she needs to be admitted to a shelter according to the results of counseling by a counsellor. |
| (2) | The head of a shelter, who has obtained authorization pursuant to Article 7 (2), shall report to the head of a Si/Gun/Gu personal details, grounds for admission to shelters, etc. of a person who is admitted to the shelter pursuant to paragraph (1) without delay, and where he/she admits a person falling under paragraph (1) 3 to the shelter, he/she shall obtain the approval from the competent head of a Si/Gun/Gu without delay. |
[This Article Newly Inserted on May 8, 2009]
| Article 7-4 (Discharge from Shelters) |
A person who has been admitted to a shelter pursuant to Article 7-3 may be discharged therefrom at his/her own will or at the request of a guardian who consented to his/her admission to the shelter pursuant to paragraph (1) 2 of the same Article, and the head of a shelter may, where a person who was admitted to the shelter falls under any of the following subparagraphs, order discharge of him/her from the shelter: | 1. | Where the purpose of protection is attained; |
| 2. | Where a period of protection has expired; |
| 3. | Where the inmate is found admitted to the facility in any false or other fraudulent way; |
| 4. | Where a resident has committed an act that significantly disturbs order in the shelter. |
[This Article Newly Inserted on May 8, 2009]
| Article 7-5 (Support of Protection Expenses for Shelters) |
| (1) | Where necessary for the protection of a victim who has been admitted to a shelter or family members accompanied by the victim, the State or a local government may support each of the following expenses of protection to the head of the shelter or the victim: Provided, That where a victim who has been admitted to a shelter or a family member accompanied by the victim is protected pursuant to other Acts and subordinate statutes, such as the National Basic Living Security Act, the support under this Act shall not be provided within such scope of protection: <Amended on Jul. 30, 2013; Dec. 12, 2017> |
| 2. | Subsidies for education of children; |
| 4. | Expenses incurred in relation to vocational training; |
| 4-2. | Support funds for self-reliance upon discharge from shelters; |
| 5. | Other expenses prescribed by Presidential Decree. |
| (2) | Matters necessary for the criteria, methods, procedures, etc. for supporting protection expenses under paragraph (1) shall be prescribed by Ordinance of the Ministry of Gender Equality and Family. <Amended on Dec. 12, 2017> |
[This Article Newly Inserted on Feb. 4, 2010]
| Article 8 (Services of Shelters) |
| (1) | A shelter shall provide the following services to victims, etc.: Provided, That a shelter may choose not to provide part of the services except those under subparagraph 1 to family members accompanied by a victim, and a long-term shelter may choose not to provide services under subparagraphs 1 through 5 (excluding the services of providing dwelling) to victims, etc.: <Amended on May 28, 2013; Dec. 12, 2017> |
| 1. | Provision of board and lodging; |
| 2. | Counseling and treatment for psychological stability and social adaptation; |
| 3. | Medical support, including transfer. etc. to medical institutions for disease treatment and health care (including physical examinations within one month from the time a victim, etc. is admitted into a shelter); |
| 4. | Support and link of services necessary for investigation and trial process; |
| 5. | Requests for necessary cooperation and support from legal aid institutions, etc.; |
| 6. | Providing education on self-reliance and self-support and employment information; |
| 7. | Matters entrusted to a shelter under other Acts; |
| 8. | Other services necessary for the protection of a victim, etc. |
| (2) | Any person who establishes and operates a shelter for the disabled shall, in providing services falling under any subparagraph of paragraph (1), render any appropriate assistance in consideration of the characteristics of the disabled. |
| (3) | Deleted. <Jun. 22, 2015> |
[This Article Wholly Amended on Aug. 17, 2007]
| Article 8-2 (Qualification Standards for Employees of Emergency Hotline Centers, Counseling Centers and Shelters) |
| (1) | No person who falls under any of the following subparagraphs shall become the head of an emergency hotline center, a counseling center or a shelter, or an employee of an emergency hotline center, a counseling center and a shelter: <Amended on May 8, 2009; Jun. 22, 2015> |
| 1. | A minor, person under adult guardianship, or person under limited guardianship; |
| 2. | A person who was declared bankrupt and has not been reinstated; |
| 3. | A person who was sentenced to imprisonment without labor or heavier punishment, but the execution has neither been completed (including where the execution is deemed completed) nor exempted. |
| (2) | Any counselor serving in an emergency hotline center, a counseling center or shelters shall be a person who satisfies the requirements prescribed by Ordinance of the Ministry of Gender Equality and Family and who has completed the education and training courses for counselors prescribed by Ordinance of the Ministry of Gender Equality and Family in the education and training facilities for counselors related to domestic violence under Article 8-3. <Amended on Feb. 29, 2008; May 8, 2009; Jan. 18, 2010> |
| (3) | Other matters necessary for the qualification standards of employees serving in emergency hotline centers, counseling centers and shelters shall be prescribed by Ordinance of the Ministry of Gender Equality and Family. <Amended on Feb. 29, 2008; May 8, 2009; Jan. 18, 2010> |
[This Article Wholly Amended on Oct. 17, 2007]
[Title of This Article Amended on May 8, 2009]
| Article 8-3 (Education and Training Facilities for Counselors related to Domestic Violence) |
| (1) | The State or a local government may establish and operate education and training facilities for counselors related to domestic violence (hereinafter referred to as "education and training facilities") to provide education and training to counselors (including persons who intend to become counselors). |
| (2) | Any person who falls under any of the following subparagraphs and intends to establish education and training facilities shall report to the head of a Si/Gun/Gu. The same shall apply to any intended modifications to previously reported matters determined as important by Ordinance of the Ministry of Gender and Family: <Amended on Mar. 13, 2018> |
| 1. | An educational foundation that has established and operates a school under the Higher Education Act; |
| 2. | A legal aid corporation; |
| 3. | A social welfare foundation; |
| 4. | Any other nonprofit corporations. |
| (3) | The head of a Si/Gun/Gu shall inform the reporter whether a report has been received or its handling period has been prolonged under the statutes governing handling of civil petitions within 10 days (within five days in cases of reporting any modifications) from the date of receiving a report under paragraph (2). <Newly Inserted on Mar. 13, 2018> |
| (4) | Matters necessary for the establishment standards for education and training facilities, the qualifications and the number of instructors working therein, the operation standards for counselor education and training courses and the report procedures, etc. shall be prescribed by Ordinance of the Ministry of Gender Equality and Family. <Amended on Feb. 29, 2008; Jan. 18, 2010; Mar. 13, 2018> |
[This Article Wholly Amended on Oct. 17, 2007]
| Article 8-4 (Execution of Supplementary Education) |
| (1) | The Minister of Gender Equality and Family or the Mayor/Do Governor shall conduct supplementary education in order to improve the quality of employees of emergency hotline centers, counseling centers and shelters. <Amended on Jan. 18, 2010> |
| (2) | The Minister of Gender Equality and Family or the Mayor/Do Governor may entrust affairs concerning education pursuant to paragraph (1) to a university or a junior college pursuant to Article 2 of the Higher Education Act or specialized institutions prescribed by Presidential Decree. <Amended on Jan. 18, 2010> |
| (3) | Detailed matters necessary for a period, methods and details of supplementary education pursuant to paragraph (1) shall be prescribed by Ordinance of the Ministry of Gender Equality and Family. <Amended on Jan. 18, 2010> |
[This Article Newly Inserted on May 8, 2009]
| Article 8-5 (Grant of Preferential Right to Residency in Rental House) |
Matters necessary for the selection standards and methods, etc. of persons entitled to a preferential right to residency in a rental house prescribed in Article 4 (1) 4 shall be prescribed by Presidential Decree. <Amended on Dec. 12, 2017> [This Article Newly Inserted on May 8, 2009]
| Article 9 (Obligation of Respect for Victim's Will) |
The head of any counseling center or shelters shall not protect victims, etc. as provided in Articles 8 (1) and 18 against the explicit will of such victims, etc. [This Article Wholly Amended on Oct. 17, 2007]
| Article 9-2 (Cooperation from Investigative Agencies) |
Where a victim or employee, such as a counselor, etc. is in need of urgent rescue from a domestic violence assailant, the head of an emergency hotline center, counseling center or shelter may request the head of a competent police station to have a staff member under his/her control accompany. In such cases, the head of a police station in receipt of such request shall comply therewith, in the absence of special circumstances. <Amended on Jul. 30, 2013>
[This Article Newly Inserted on May 17, 2010]
| Article 9-3 (Production and Distribution of Promotional Pictures and Videos) |
| (1) | In order to prevent and avoid domestic violence, the Minister of Gender Equality and Family shall produce promotional pictures and videos regarding the danger of domestic violence, assistance to victims of domestic violence, etc., and distribute them to broadcasting business operators under subparagraph 3 of Article 2 of the Broadcasting Act. <Amended on May 28, 2013> |
| (2) | The Minister of Gender Equality and Family may request the terrestrial broadcasting business operators under subparagraph 3 (a) of Article 2 of the Broadcasting Act (hereafter referred to as "broadcaster" in this Article) to air promotional pictures and videos referred to in paragraph (1) through each channel within the percentage of non-commercial public service advertisements to be aired as prescribed by Presidential Decree under Article 73 (4) of the same Act. <Amended on May 28, 2013> |
| (3) | Broadcasters may independently produce and air promotional pictures and videos in addition to the promotional pictures and videos under paragraph (1). In such cases, they may request the Minister of Gender Equality and Family for necessary cooperation and support. <Amended on May 28, 2013> |
[This Article Newly Inserted on May 17, 2010]
| Article 9-4 (Dispatch of Judicial Police Officers to Scene) |
| (1) | A judicial police officer shall visit the scene of domestic violence without delay if a domestic violence offense report is received. |
| (2) | A judicial police officer who responds to a domestic violence offense report pursuant to paragraph (1) may visit the reported scene of domestic violence to protect victims or visit relevant places to inspect relevant persons or ask them questions for investigation of such case. |
| (3) | No domestic violence assailant shall obstruct the duties of a judicial police officer, such as rejecting on-site investigations by the judicial police officer under paragraph (2). |
| (4) | A judicial police officer who enters a scene of domestic violence, investigates a case or asks questions pursuant to paragraph (2) shall carry a certificate indicating his/her authority and produce it to interested parties. |
| (5) | When making an onsite visit under paragraph (1), the head of an investigative agency may request the head of an emergency hotline center, counseling center or shelter to accompany to the scene of domestic violence, and the head of an emergency hotline center, counseling center or shelter who receives such request shall dispatch an affiliated counselor to the scene of domestic violence, in the absence of special circumstances. |
| (6) | A judicial police officer who investigates a case of domestic violence or asks questions pursuant to paragraph (2) shall take necessary measures, such as interviewing the victim, reporter, witness, etc. in a place separate from the domestic violence assailant so that the person may freely make a statement, etc. |
[This Article Wholly Amended on Jul. 30, 2013]
| Article 10 (Closure of Counseling Centers, Shelters, or Education and Training Facilities) |
| (1) | If the head of a counseling center, shelter, or education and training facility under Article 5 (2), 7 (2) or 8-3 (2) intends to temporarily suspend the operation of the said facility, permanently close it, or renew its operation, he/she shall report it to the head of a Si/Gun/Gu, as prescribed by Ordinance of the Ministry of Gender Equality and Family. <Amended on Feb. 29, 2008; Jan. 18, 2010; Mar. 2, 2016; Mar. 13, 2018> |
| (2) | Where the head of a Si/Gun/Gu receives a report on temporary suspension or permanent closure of a facility under paragraph (1), he/she shall review the details of the report and accept it if he/she deems the report is in compliance with this Act. <Newly Inserted on Mar. 13, 2018> |
| (3) | Where the head of a counseling center, shelter, or education and training facility temporarily suspends the operation of the relevant facility or permanently closes it, he/she shall take measures to protect the rights and interests of users of such facilities, including arranging the users’ transfer to another facility, etc. <Newly Inserted on Mar. 2, 2016; Mar. 13, 2018> |
| (4) | Upon receipt of reports on the suspension of operation or permanent closure of a counseling center, shelter, or education and training facility under paragraph (1), the head of a Si/Gun/Gu shall take measures prescribed by Ordinance of the Ministry of Gender Equality and Family, including confirming that the head of the relevant facility has taken actions to protect the rights and interests of the users of the relevant facility, etc. as prescribed in paragraph (3). <Newly Inserted on Mar. 2, 2016; Mar. 13, 2018> |
[This Article Wholly Amended on Oct. 17, 2007]
| (1) | The Minister of Gender Equality and Family or the head of a Si/Gun/Gu may require the head of a counseling center, shelter, or education and training facility to make a necessary report on the facility concerned and have competent public officials investigate the conditions of operation of the facilities concerned or inspect account ledgers and other documents. <Amended on Feb. 29, 2008; Jan. 18, 2010> |
| (2) | Each relevant public official who performs his/her duties pursuant to paragraph (1) shall show a certificate verifying his/her authority to the interested persons. |
[This Article Wholly Amended on Oct. 17, 2007]
| Article 12 (Revocation of Authorization) |
| (1) | Where a counseling center, shelter, or education and training facility falls under any of the following subparagraphs, the head of a Si/Gun/Gu may issue orders for closure of the facility, discontinuance of services or suspension of services for a period not exceeding six months, or cancel authorization therefor: <Amended on Dec. 12, 2017; Mar. 13, 2018> |
| 1. | Where the facility fails to meet the standards for establishment or operation under Article 5 (5), 7 (4) or 8-3 (4); |
| 2. | Where the facility fails to meet the requirements for the number of counselors or instructors under Article 5 (5), 7 (4), 8-2 or 8-3 (4) or employees an unqualified person; |
| 3. | Where the facility fails to make a report under Article 11 (1), makes a false report, or refuses or evades an investigation and inspection by a competent public official without justifiable grounds; |
| 4. | Where a counseling center, shelter, or education and training facility has been established or operated for making profits in violation of Article 15. |
| (2) | Where a counseling center, shelter, or education and training center is closed or suspends or discontinues its operation or its authorization is revoked under paragraph (2), the head of a Si/Gun/Gu shall take measures to protect the rights and interests of the users of the relevant facility, including arranging the users’ transfer to another facility, etc. <Newly Inserted on Mar. 2, 2016> |
| (3) | Detailed standards concerning orders for suspension and discontinuance of services or closure of facilities, or the revocation of authorization under paragraph (1) shall be prescribed by Ordinance of the Ministry of Gender Equality and Family. <Amended on Feb. 29, 2008; Jan. 18, 2010; Mar. 2, 2016> |
[This Article Wholly Amended on Oct. 17, 2007]
The head of a Si/Gun/Gu shall hold a hearing to order suspension and discontinuance of services or closure of facilities, or revoke authorization under Article 12. [This Article Wholly Amended on Oct. 17, 2007]
| Article 13 (Subsidization of Expenses) |
| (1) | The State or a local government may support part of the expenses for the establishment and operation of counseling centers or shelters under Article 5 (2) or 7 (2). |
| (2) | The State or a local government shall support the shelters for the disabled to cover expenses of establishing equipment and installations meeting the standards prescribed by the Minister of Gender Equality and Family. <Amended on Feb. 29, 2008; Jan. 18, 2010> |
[This Article Wholly Amended on Oct. 17, 2007]
| Article 13-2 (Assessment of Emergency Hotline Centers) |
| (1) | The Minister of Gender Equality and Family may assess the performance records of emergency hotline centers, counseling centers and shelters every three years and reflect the results thereof into supervision, support, etc. of each facility. |
| (2) | Matters necessary for the standards, methods, etc. for evaluation under paragraph (1) shall be prescribed by Ordinance of the Ministry of Gender Equality and Family. |
[This Article Newly Inserted on May 17, 2010]
| Article 14 (Integrated Establishment and Operation of Counseling Centers or Shelters) |
The State or a local government may establish and operate the integrated counseling centers or shelters by integrating counseling centers or shelters established and operated under this Act with counseling centers or shelters of a similar nature prescribed by Presidential Decree, or recommend to establish and operate such integrated counseling centers or shelters. <Amended on May 8, 2009>
[This Article Wholly Amended on Oct. 17, 2007]
[Title of This Article Amended on May 8, 2009]
| Article 15 (Prohibition of Operation for Profit) |
No person shall establish or operate a counseling center, shelters, or education and training facilities for making profits: Provided, That the heads of education and training facilities may receive tuition from those who take counselor education and training courses, as prescribed by the Minister of Gender Equality and Family. <Amended on Feb. 29, 2008; Jan. 18, 2010>
[This Article Wholly Amended on Apr. 28, 2006]
| Article 16 (Duty of Confidentiality) |
No person who is or was the head of an emergency hotline center, a counseling center or a shelter, or who is or was an assistant to him/her shall reveal confidential information acquired in the course of his/her duty.
[This Article Wholly Amended on Aug. 8, 2009]
| Article 17 (Prohibition of Use of Similar Name) |
No institution, other than emergency hotline centers, counseling centers, shelters, or education and training facilities under this Act, shall use such name as an emergency hotline center, a counseling center related to domestic violence, shelters for victims of domestic violence, or education and training facilities for counselors related to domestic violence, or any other name similar thereto. <Amended on May 8, 2009>
[This Article Wholly Amended on Oct. 17, 2007]
| Article 18 (Medical Care and Protection) |
| (1) | A medical institution shall, if requested by a victim, his/her family, acquaintance or the head of an emergency hotline center, a counseling center or shelters, etc., render to victims the following medical care and protection services: <Amended on May 8, 2009> |
| 1. | Consultation and guidance concerning health; |
| 2. | Medical care for physical and mental injuries; |
| 3. | Other matters concerning medical treatment prescribed by Presidential Decree. |
| (2) | The relevant domestic violence assailant shall bear all the expenses incurred in medical care and protection referred to in paragraph (1). |
| (3) | Where a victim applies for reimbursement of expenses for medical care and protection notwithstanding paragraph (2), the State or a local government shall pay the expenses necessary for medical care and protection referred to in paragraph (1) to a medical institution on behalf of the domestic violence assailant. |
| (4) | Where the State or a local government has paid expenses pursuant to paragraph (3), it may exercise the right to reimbursement against the relevant domestic violence assailant: Provided, That the same shall not apply where a victim has received medical care and protection under paragraph (1) while being admitted in a shelter or where the domestic violence assailant falls under any of the following subparagraphs: |
| (5) | Matters necessary for the procedures for the payment of expenses under paragraph (3) and the procedures for exercising the right to indemnity, etc. under paragraph (4) shall be prescribed by Ordinance of the Ministry of Gender Equality and Family. <Amended on Feb. 29, 2008; Jan. 18, 2010> |
[This Article Wholly Amended on Oct. 17, 2007]
| Article 19 (Delegation of Authority) |
The Minister of Gender Equality and Family may delegate part of his/her authority under this Act to the Mayor/Do Governor, or the head of a Si/Gun/Gu, as prescribed by Presidential Decree. <Amended on Feb. 29, 2008; May 8, 2009; Jan. 18, 2010>
[This Article Wholly Amended on Oct. 17, 2007]
| Article 20 (Penalty Provisions) |
| (1) | Any person who fires a victim or puts a victim at any other disadvantages in violation of Article 4-5 shall be punished by imprisonment with labor for not exceeding three years or by a fine not exceeding 30 million won. <Newly Inserted on Dec. 12, 2017> |
| (2) | Any of the following persons shall be punished by imprisonment with labor for not more than one year or by a fine not exceeding ten million won: <Amended on Jan. 21, 2014; Dec. 12, 2014; Mar. 13, 2018> |
| 1. | A person who has established and operated counseling centers, shelters, or education and training facilities without report or authorization under the former part of Article 5 (2), 7 (2), or the former part of Article 8-3 (2); |
| 2. | A person who has continuously operated counseling centers, shelters, or education and training facilities, notwithstanding the orders for suspension and discontinuance of services or closure of facilities under Article 12; |
| 3. | Any person who violates the duty to preserve confidentiality under Article 16. |
[This Article Wholly Amended on Oct. 17, 2007]
| Article 21 (Joint Penalty Provisions) |
Where a representative of a corporation or an agent of, or employee of or others employed by of a corporation or individual commits an offence under Article 20, in connection with business of the corporation or the individual, not only shall such offender be punished accordingly, but the corporation or the individual also shall be punished by a fine under each relevant Article: Provided, That this shall not apply where such corporation or individual has not been negligent in giving due attention to and supervision over the relevant duties to prevent such violation. [This Article Wholly Amended on May 8, 2009]
| Article 22 (Administrative Fines) |
| (1) | A domestic violence assailant who obstructs the performance of official duties, such as refusing or evading an on-site investigation, in violation of Article 9-4 (3) without justifiable grounds shall be punished by an administrative fine not exceeding five million won. <Newly Inserted on Jul. 30, 2013> |
| (2) | Any of the following persons shall be subject to an administrative fine not exceeding three million won: <Amended on Jul. 30, 2013> |
| 1. | A person who fails to file a report under Article 11 (1) without good cause or files a false report, or refuses or evades an investigation or inspection; |
| 2. | A person who violates prohibition against use of similar names under Article 17. |
| (3) | Administrative fines under paragraphs (1) and (2) shall be imposed and collected by the Minister of Gender Equality and Family or the heads of Sis/Guns/Gus, as prescribed by Presidential Decree. <Amended on Feb. 29, 2008; Jan. 18, 2010; Jul. 30, 2013> |
| (4) | Deleted. <May 8, 2009> |
| (5) | Deleted. < May 8, 2009> |
ADDENDA <Act No. 5487, Dec. 31, 1997>
This Act shall enter into force on July 1,1998.
ADDENDA <Act No. 6400, Jan. 29, 2001>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 4 Omitted.
ADDENDA <Act No. 7099, Jan. 20, 2004>
| (1) | (Enforcement Date)This Act shall enter into force on the date of its promulgation. (Proviso Omitted.) |
| (2) | (Applicability to Failure of State, etc. to Exercise Right to Reimbursement) The amended provisions of the proviso to Article 18 (4) shall apply to those expenses which are paid by the State or a local government on behalf of domestic violence assailants on or after the date when this Act enters into force. |
ADDENDA <Act No. 7413, Mar. 24, 2005>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation: Provided, That the following matters shall enter into force on the date under the following classification:
| 1. | Provisions of Article 26…Articles 2 through 4 of the Addenda shall enter into force on the date on which the Presidential Decree concerning the Organization of the Ministry of Gender Equality and Family under the amended provisions of Article 42 enters into force, which shall be within three months after promulgation of this Act. |
Articles 2 through 4 Omitted.
ADDENDA <Act No. 7952, Apr. 28, 2006>
| (1) | (Enforcement Date) This Act shall enter into force six months after the date of its promulgation. |
| (2) | (Transitional Measures concerning Shelters) At the time when this Act enters into force, shelters which are authorized by the head of a Si/Gun/Gu under the former provisions shall be deemed to be those provided for by this Act: Provided, That the standards for the establishment, etc. under the amended provisions of Article 7 (4) shall be met according to the categories of shelters falling under the amended provisions of any subparagraph of Article 7-2 (1) within one year after this Act enters into force. |
| (3) | (Transitional Measures concerning Qualifications of Counselors) At the time when this Act enters into force, any person who is qualified as a counselor as prescribed by Ordinance of the Ministry of Gender Equality and Family shall be deemed to have completed the whole counselor education or training course under Article 8-2 (2). |
| (4) | (Transitional Measures concerning Education or Training Facilities) An educational foundation, a legal aid corporation, a social welfare corporation or any other nonprofit corporation that has established and has been operating a school with a domestic violence-related counselor education course as prescribed by Ordinance of the Ministry of Gender Equality and Family under the Higher Education Act at the time when this Act enters into force shall, if it files a report under Article 8-3 (2) of this Act within three months after this Act enters into force, thereupon be deemed to have filed the report on the date on which this Act enters into force: Provided, That the standards for the establishment, etc. under the amended provisions of Article 8-3 (3) shall be met within six months after this Act enters into force. |
ADDENDA <Act No. 8367, Apr. 11, 2007>
Article 1 (Enforcement Date)
This Article shall enter into force six months after the date of its promulgation.
Articles 2 through 6 Omitted.
ADDENDA <Act No. 8653, Oct. 17, 2007>
This Act shall enter into force on the date of promulgation.
ADDENDA <Act No. 8852, Feb. 29, 2008>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation: Provided, That, among the Acts amended pursuant to Article 6 of the Addenda, the amendments to the Acts promulgated before this Act enters into force, but the enforcement dates of which have yet to arrive, shall enter into force on the dates on which the respective Acts take effect. Articles 2 through 7 Omitted.
ADDENDA <Act No. 9668, Jun. 8, 2009>
| (1) | (Enforcement Date) This Act shall enter into force six months after the date of its promulgation. |
| (2) | (Transitional Measures concerning Previous Employees) Notwithstanding the amended provisions of Article 8-2, the previous provisions shall apply to the qualification standards for employees working in counseling centers and shelters before this Act enters into force. |
| (3) | (Transitional Measures concerning Penalty) When the penalty provisions are applied to any offenses committed before this Act enters into force, the previous provisions shall apply to them. |
ADDENDA <Act No. 9932, Jan. 18, 2010>
Article 1 (Provisions Concerning Delegation)
This Decree shall enter into force two months after the date of its promulgation. (Proviso Omitted.)
Articles 2 through 5 Omitted.
ADDENDA <Act No. 10038, Feb. 4, 2010>
This Act shall enter into one year after the date of its promulgation.
ADDENDA <Act No. 10300, Jun. 17, 2010>
| (1) | (Enforcement Date) This Act shall enter into force six months after the date of its promulgation. |
ADDENDA <Act No. 11280, Feb. 1, 2012>
This Decree shall enter into force three months after the date of its promulgation.
ADDENDA <Act No. 11690, Mar. 23, 2013>
Article 1 (Provisions Concerning Delegation)
This Act shall enter into on the date of its promulgation.
Articles 2 through 7 Omitted.
ADDENDA <Act No. 11832, May 28, 2013>
This Article shall enter into force six months after the date of its promulgation.
ADDENDA <Act No. 11981, Jul. 30, 2013>
This Article shall enter into force six months after the date of its promulgation.
ADDENDA <Act No. 12327, Jan. 21, 2014>
This Article shall enter into force six months after the date of its promulgation.
ADDENDA <Act No. 12698, Jun. 28, 2014>
Article 1 (Provisions Concerning Delegation)
This Act shall enter into force on 7/1/2015.
Articles 2 through 10 Omitted.
ADDENDA <Act No. 13368, Jun. 22, 2015>
Article 1 (Provisions Concerning Delegation)
This Article shall enter into force six months after the date of its promulgation.
Article 2 (Transitional Measures concerning Grounds for Disqualification of Incompetent Persons)
Notwithstanding the amended provision of Article 8-2 (1) 1, a person for whom a ruling for incompetency or quasi-incompetency under Article 2 of Addenda to the partial amendment to the Civil Act (Act No. 10429) is effective at the time the aforesaid amended provision enters into force shall be governed by the former provision.
ADDENDA <Act No. 14058, Mar. 2, 2016>
This Article shall enter into force six months after the date of its promulgation.
ADDENDA <Act No. 15202, Dec. 12, 2017>
This Article shall enter into force six months after the date of its promulgation.
ADDENDA <Act No. 15448, Mar. 13, 2018>
Article 1 (Provisions Concerning Delegation)
This Act shall enter into force six months after the date of its promulgation: Provided, That the amended provisions of Article 10 shall enter into force on the date of its promulgation. Article 2 (Applicability to Reports on Establishment of Counseling Centers, etc.)
The amended provisions of Articles 5 (3) and 8-3 (3) shall apply beginning with the cases where reports are filed on the establishment of counseling centers or educational training centers or on any modifications to previously reported matters after this Act enters into force.
ADDENDA <Act No. 15543, Mar. 27, 2018>
Article 1 (Provisions Concerning Delegation)
This Act shall enter into force on the date of promulgation.
Article 2 (Applicability to the Extension of Protection Period of Short-Term Shelters)
The amended provisions of Article 7-2 (2) shall also apply to the victims, etc. who have entered short-term shelters at the time this Act enters into force.
ADDENDA <Act No. 17437, Jun. 9, 2020>
This Act shall enter into force on the date of its promulgation.