ACT ON SPECIAL CASES CONCERNING THE PUNISHMENT OF CRIMES OF DOMESTIC VIOLENCE
Act No. 5436, Dec. 13, 1997
Amended by Act No. 5676, Jan. 21, 1999
Act No. 6082, Dec. 31, 1999
Act No. 6151, Jan. 12, 2000
Act No. 6626, Jan. 26, 2002
Act No. 6627, Jan. 26, 2002
Act No. 6783, Dec. 18, 2002
Act No. 7356, Jan. 27, 2005
Act No. 7427, Mar. 31, 2005
Act No. 7849, Feb. 21, 2006
Act No. 8434, May 17, 2007
Act No. 8580, Aug. 3, 2007
Act No. 10573, Apr. 12, 2011
Act No. 11002, Aug. 4, 2011
Act No. 11150, Jan. 17, 2012
Act No. 12340, Jan. 28, 2014
Act No. 12877, Dec. 30, 2014
Act No. 13426, Jul. 24, 2015
Act No. 13719, Jan. 6, 2016
Act No. 14224, May 29, 2016
Act No. 14962, Oct. 31, 2017
Act No. 17499, Oct. 20, 2020
CHAPTER I GENERAL PROVISIONS
The purpose of this Act is to help restore the peace and stability of a family destroyed by criminal 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 punishment of criminal domestic violence and by issuing protective orders to change an environment for the persons who have committed criminal domestic violence and to correct their personality and behaviors.
[This Article Wholly Amended on Apr. 12, 2011]
The terms used in this Act are defined as follows: <Amended on Jul. 25, 2011; Aug. 4, 2011; Jan. 17, 2012; Dec. 30, 2014; Jan. 6, 2016; Oct. 20, 2020>
| 1. | The term "domestic violence" means actions inflicting physical or psychological harm or damage to the property of 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 current or former lineal ascendant or descendant to himself/herself or his/her spouse (including those in a de facto parent-child relationship by adoption; hereinafter the same shall apply); |
| (c) | A person currently or formerly 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 relative living together; |
| 3. | The term "criminal domestic violence" means any of the following crimes: |
| (a) | Crimes prescribed in Articles 257, 258, 258-2, 260 (1) and (2), 261, and 264, among the crimes of inflicting bodily injury and violence in Chapter XXV of PART II of the Criminal Act; |
| (b) | Crimes prescribed in Articles 271 (1) and (2), 272, 273, and 274, among the crimes of abandonment and abuse in Chapter XXVIIl of PART II of the Criminal Act; |
| (c) | Crimes prescribed in Articles 276, 277, 278, 279, and 280, among the crimes of false arrest and illegal confinement in Chapter XXIX of PART II of the Criminal Act; |
| (d) | Crimes prescribed in Articles 283 (1) and (2), 284, 285 (limited to the crimes prescribed in Article 283), and 286, among the crimes of intimidation in Chapter XXX of PART II of the Criminal Act; |
| (e) | Crimes prescribed in Articles 297, 297-2, 298, 299, 300, 301, 301-2, 302, 305, and 305-2 (limited to the crimes prescribed in Articles 297, 297-2, and 298 through 300), among the crimes of rape and indecent acts in Chapter XXXII of PART II of the Criminal Act; |
| (f) | Crimes prescribed in Articles 307, 308, 309, and 311, among the crimes against reputation in Chapter XXXIII of PART II of the Criminal Act; |
| (g) | Crimes of breaking and entering in Chapter XXXVI of PART II of the Criminal Act; |
| (h) | Crimes prescribed in Articles 324 and 324-5 (limited to the crimes prescribed in Article 324), among the crimes of obstructing another from exercising his/her rights in Chapter XXXVII of PART II of the Criminal Act; |
| (i) | Crimes prescribed in Articles 350, 350-2, and 352 (limited to the crimes prescribed in Articles 350 and 350-2), among the crimes of fraud and extortion in Chapter XXXIX of PART II of the Criminal Act; |
| (j) | Crimes prescribed in Articles 366 and 369, among the crimes of destruction and damage in Chapter XLII of PART II of the Criminal Act; |
| (k) | Crimes prescribed in Articles 14 and 15 (limited to the crimes prescribed in Article 14) of the Act on Special Cases concerning the Punishment of Sexual Crimes; |
| (l) | Crimes prescribed in Article 74 (1) 3 of the Act on Promotion of Information and Communications Network Utilization and Information Protection; |
| (m) | Crimes prescribed in items (a) through (l) subject to aggravated punishment under other statutes; |
| 4. | The term "domestic violence offender" means a person who commits criminal domestic violence and an accomplice who is his/her family member; |
| 5. | The term "victim" means a person who suffers direct harm from criminal domestic violence; |
| 6. | The term "home protection case" means a case subject to a protective order issued under this Act due to criminal domestic violence; |
| 7. | The term "protective order" means an order issued under Article 40 against an offender, taken after the court examines a home protection case; |
| 7-2. | The term "victim protective order case" means a case subject to a victim protective order under Article 55-2 due to criminal domestic violence; |
[This Article Wholly Amended on Apr. 12, 2011]
| Article 3 (Relationship to Other Statutes) |
[This Article Wholly Amended on Apr. 12, 2011]
| Article 3-2 (Concurrent Imposition of Punishment and Order to Attend Educational Programs) |
| (1) | Where a court declares a domestic violence offender guilty (excluding suspension of sentence) or notifies a summary order to such offender, it may issue to him/her an order to attend an educational program (referring to an order to attend an educational program under the Act on Probation; hereinafter the same shall apply) or an order to complete a domestic violence offender treatment program (hereinafter referred to as "order to complete a program") for up to 200 hours, concurrently with such sentence, as may be necessary to prevent recidivism. |
| (2) | Where a court suspends the execution of a sentence for a domestic violence offender, it shall concurrently issue an order to attend an educational program under paragraph (1) within the period of the suspended execution; and where it sentences such offender to imprisonment or a fine or notifies a summary order to such offender, it shall concurrently issue an order to complete a program. |
| (3) | Where a court suspends the execution of a sentence for a domestic violence offender, it may issue either of probation order or community service order or both orders within the period of the suspended execution, concurrently with an order to attend an educational program issued under paragraph (1). |
| (4) | An order to attend an educational program or to complete a program under paragraph (1) shall be executed within the period of the suspended execution where the execution of a sentence is suspended; within the period of punishment, where imprisonment with labor is sentenced; and within six months from the day the sentence is made final and conclusive where punishment of a fine is sentenced or a summary order is notified, respectively. |
| (5) | An order to attend an educational program or to complete a program under paragraph (1) shall be executed by the head of a probation office where such order is issued concurrently with the suspended execution of a sentence or with the sentence of punishment of a fine, and by the head of a correctional facility where such order is issued concurrently with sentence of imprisonment with labor: Provided, That where no sentence can be executed on account of the release or parole of the relevant person, or inclusion of the number of days of pre-trial detention, etc. before the order to complete a program issued concurrently with a sentence of imprisonment with labor is fully executed, part of the order to complete a program not yet fulfilled shall be executed by the head of a probation office. |
| (6) | An order to attend an educational program or to complete a program under paragraph (1) shall consist of the following: |
| 1. | Diagnosis of and counseling on domestic violence behaviors; |
| 2. | Education for developing an appropriate attitude as a family member; |
| 3. | Other matters necessary to prevent recidivism of a crime by a domestic violence offender. |
| (7) | Except as provided in this Act, the Act on Probation shall apply mutatis mutandis to a probation order, a community service order, an order to attend an educational program, and an order to complete a program that are issued concurrently with punishment. |
[This Article Newly Inserted on Oct. 20, 2020]
CHAPTER II HOME PROTECTION CASES
SECTION 1 Common Provisions
| Article 4 (Duty to Report, etc.) |
| (1) | Any person who has become aware of criminal domestic violence may report the fact to an investigative agency. |
| (2) | Where any of the following persons becomes aware of criminal domestic violence in the course of performing his/her duties, he/she shall promptly report the fact to an investigative agency in the absence of justifiable grounds: <Amended on Jan. 17, 2012; Dec. 30, 2014> |
| 1. | The employees and heads of institutions in charge of the education and protection of children; |
| 2. | The heads of medical institutions and medical personnel in charge of the treatment, etc. of children, senior citizens aged at least 60, or persons who lack normal judgment; |
| 6. | Crew members of rescue units and first-aid units under the Framework Act on Fire-Fighting Services; |
| (4) | No one shall accord any disadvantage to any person who has reported criminal domestic violence under paragraphs (1) through (3) (hereinafter referred to as "informant") on the ground of such reporting. |
[This Article Wholly Amended on Apr. 12, 2011]
| Article 5 (Emergency Measures against Criminal Domestic Violence) |
Upon receipt of a report on any ongoing crime of domestic violence, a judicial police officer shall arrive at the scene of the crime, without delay, and take any of the following measures: <Amended on Oct. 20, 2020>
| 1. | To restrain violence and isolate domestic violence offenders from victims; |
| 2. | To refer the victims to domestic violence counseling centers or shelters (limited to the cases where victims agree thereto); |
| 3. | To refer the victims requiring emergency treatment to medical institutions; |
| 4. | To notify that they are entitled to apply for ad hoc measures under Article 8 in the case of repeated violence; |
| 5. | To give notice that victims may request victim protective orders or measures to protect them from danger under Article 55-2. |
[This Article Wholly Amended on Apr. 12, 2011]
| Article 6 (Special Provisions on Complaints) |
| (1) | A victim or his/her legal representative may file a complaint against a domestic violence offender. Where the legal representative of the victim is an offender or he/she has committed criminal domestic violence in collaboration with the 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 where the domestic violence offender is a lineal ascendant of the victim or his/her spouse. The same shall apply to the cases where his/her legal representative files a complaint. |
| (3) | Where a victim has no legal representative or relative allowed to file a complaint, a prosecutor shall designate a person who may do so within 10 days if requested by an interested person. |
[This Article Wholly Amended on Apr. 12, 2011]
| Article 7 (Judicial Public Officers' Transfer of Cases) |
A judicial public officer shall promptly investigate criminal domestic violence and transfer the case to a prosecutor. In such cases, the judicial public officer may present his/her opinion on the propriety of handling the case as a home protection case.
[This Article Wholly Amended on Apr. 12, 2011]
| Article 8 (Request for Ad Hoc Measures, etc.) |
| (1) | Where a prosecutor deems that criminal domestic violence is likely to recur, 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 request by a judicial public officer. |
| (2) | Where a prosecutor deems that a domestic violence offender is likely to repeat such criminal domestic violence in violation of ad hoc measures determined upon request 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 request by a judicial public officer. |
| (3) | In cases falling under paragraphs (1) and (2), a victim or his/her legal representative 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) | Where a judicial public officer, upon receipt of a request under paragraph (3), fails to request ad hoc measures under paragraphs (1) and (2), he/she shall report the grounds therefor to the prosecutor. |
[This Article Wholly Amended on Apr. 12, 2011]
| Article 8-2 (Urgent Ad Hoc Measures) |
| (1) | Notwithstanding the emergency measures under Article 5, where criminal domestic violence is likely to recur and ad hoc measures determined by a court are not available 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"), either ex officio or upon the request of a victim or his/her legal representative. |
| (2) | When a judicial police officer has taken urgent ad hoc measures under paragraph (2), he/she shall promptly prepare a written decision thereon. |
| (3) | A written decision on urgent ad hoc measures under paragraph (2) shall include a summary of the crime and grounds therefor, etc. |
[This Article Newly Inserted on Jul. 25, 2011]
| Article 8-3 (Request for Urgent Ad Hoc Measures and Ad Hoc Measures) |
| (1) | When a judicial police officer has taken urgent ad hoc measures under Article 8-2 (1), he/she shall immediately apply for ad hoc measures to a prosecutor under Article 8, and the prosecutor, upon receipt of such request, shall file a request for an ad hoc measure with a court. In such cases, the request shall be filed within 48 hours from the implementation of the urgent ad hoc measures and shall be accompanied by a written decision thereon. |
| (2) | Where a judicial police officer fails to make an ad hoc measure request under paragraph (1), or a court fails to determine ad hoc measures, the urgent ad hoc measures shall be revoked without delay. |
[This Article Newly Inserted on Jul. 25, 2011]
| Article 9 (Handling Home Protection Cases) |
| (1) | Where a prosecutor deems it appropriate to issue a protective order against criminal domestic violence under this Act, in consideration of the nature, motives and results of a case, the personality and behavior of a domestic violence offender, and other factors, the prosecutor may handle such crime as a home protection case. In such cases, the prosecutor shall respect the opinions of the victims. |
| (2) | Paragraph (1) may apply to any of the following cases: |
| 1. | Where no complaint has been filed concerning criminal domestic violence, for which a complaint by the victim is necessary to file a prosecution, or such complaint has been revoked; |
| 2. | Where the victim expresses his/her wish not to prosecute the offender or retracts his/her previous wish to do so for criminal domestic violence which cannot be prosecuted against the express wish of the victim. |
[This Article Wholly Amended on 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, where he/she deems it necessary to correct the personality and behavior of the offender after investigating a domestic violence case.
[This Article Wholly Amended on Apr. 12, 2011]
| Article 10 (Jurisdiction) |
| (1) | Home protection cases shall be under the jurisdiction of the family court having jurisdiction over the place of action, residence, or the place where the domestic violence offender is currently located: Provided, That home protection cases shall be under the jurisdiction of the district court of the relevant region (including its branch court; hereinafter the same shall apply) if such region has no family court. |
| (2) | A home protection case shall be heard and decided by a single judge (hereinafter referred to as "judge"). |
[This Article Wholly Amended on Apr. 12, 2011]
| Article 11 (Transfer by Prosecution) |
| (1) | Where a prosecutor handles criminal domestic violence as a home protection case pursuant to Article 9, he/she shall transfer such case to a competent family court or district court (hereinafter referred to as "court"). |
| (2) | Where criminal domestic violence conflicts with other crimes, a prosecutor may separate the case concerning such criminal domestic violence from other cases and transfer it to the competent court. |
[This Article Wholly Amended on Apr. 12, 2011]
| Article 12 (Transfer by Court) |
Where the court deems it appropriate to issue a protective order against a domestic violence offender upon investigation under this Act, it may rule to transfer the case to the competent court of home protection cases. In such cases, the court shall respect the opinions of the victims.
[This Article Wholly Amended on Apr. 12, 2011]
| Article 13 (Treatment of Domestic Violence Offenders in Cases of Transfer) |
| (3) | An arrest warrant shall be deemed to be void when a decision on ad hoc measures is made under the latter part of paragraph (1). |
[This Article Wholly Amended on Apr. 12, 2011]
| Article 14 (Warrant of Transfer) |
| (1) | When a case is transferred as a home protection case under Articles 11 and 12, a warrant of transfer shall be sent to the competent court. |
| (2) | A warrant of transfer under paragraph (1) shall include the name, address, date of birth and occupation of a domestic violence offender, his/her relationship with the victim, summary of his/her actions and domestic circumstances, and shall be accompanied by other materials for reference. |
[This Article Wholly Amended on Apr. 12, 2011]
| (1) | The court to which a home protection case has been transferred shall promptly transfer the case to another competent court by ruling where such case is not under its jurisdiction or where it is deemed necessary for appropriate investigation and hearing. |
| (2) | When the court has determined to transfer a case to another court under paragraph (1), it shall promptly notify the domestic violence offender, victim and prosecutor of such decision and the grounds therefor. |
[This Article Wholly Amended on Apr. 12, 2011]
| Article 16 (Effect of Protective Order) |
When a protective order provided for in Article 40 is confirmed, the domestic violence offender shall not be prosecuted again for the same crime: Provided, That this shall not apply where a case is transferred under Article 46. [This Article Wholly Amended on Apr. 12, 2011]
| Article 17 (Suspension of Prescription of Public Prosecution and Its Effect) |
| (1) | The prescription of public prosecution shall not run against criminal domestic violence after the home protection case in question is transferred to the court: Provided, That it shall resume running in any of the following cases: |
| 1. | Where a decision not to issue a disposition for the relevant home protection case under Article 37 (1) (limited to the decisions made based on the ground in subparagraph 1) has been confirmed; |
| 2. | Where the relevant home protection case has been transferred pursuant to Articles 27 (2), 37 (2) and 46. |
| (2) | The suspension of prescription under paragraph (1) against an accomplice shall also take effect on another accomplice. |
[This Article Wholly Amended on 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 or head of a counseling center or any person falling under Article 4 (2) 1 (including persons who held such positions) shall divulge any confidential information he/she has become 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 such as newspapers, or air such information through broadcast media. |
| (3) | No teacher or staff member of a school or nursery, who is in charge of the education or care of the children under the protection of victims or child 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 parental authority who are domestic violence offenders, in the absence of justifiable grounds. <Amended on Jun. 7, 2011> |
[This Article Wholly Amended on Apr. 12, 2011]
| Article 18-2 (Mutatis Mutandis Application of Criminal Procedure Act) |
The provisions of the Criminal Procedure Act shall apply mutatis mutandis to the matters not provided for in this Chapter, to the extent that it does not go against the nature of home protection cases. [This Article Wholly Amended on Apr. 12, 2011]
SECTION 2 Investigations and Hearings
| Article 19 (Direction of Investigations and Hearings) |
When investigating or hearing a home protection case, the court shall utilize expert knowledge of medical science, psychology, sociology, social welfare studies, etc., learn 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 on 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 hearings 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 on Apr. 12, 2011]
| Article 21 (Investigation Orders, etc.) |
| (1) | A judge 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, victim and family members or investigate their mental or psychological state or motives, causes and circumstances of the criminal domestic violence. |
[This Article Wholly Amended on Apr. 12, 2011]
| Article 22 (Seeking Expert Opinions) |
| (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 on Aug. 4, 2011> |
| (2) | The court shall consider the opinions sought pursuant to paragraph (1) in investigating and hearing a home protection case. |
[This Article Wholly Amended on Apr. 12, 2011]
| Article 23 (Notification of Rights Not to Make Statements) |
In investigating a home protection case, a judge or home protection case investigator shall, in advance, notify a domestic violence offender of his/her right to refuse to make any statement against themselves.
[This Article Wholly Amended on Apr. 12, 2011]
| Article 24 (Summons and Warrant of Accompanying) |
| (1) | A judge may summon a domestic violence offender, victims, family members or other witnesses to appear on a designated date, where deemed necessary for investigations and hearings. |
| (2) | Where a domestic violence offender fails to comply with the summons under paragraph (1) without justifiable grounds, the judge may issue a warrant of accompanying. |
[This Article Wholly Amended on Apr. 12, 2011]
| Article 25 (Emergency Warrant of Accompanying) |
A judge may issue a warrant of accompanying without summons under Article 24 (1), where a domestic violence offender is unlikely to comply with such summons or where it is deemed urgently necessary to protect a victim. [This Article Wholly Amended on Apr. 12, 2011]
| Article 26 (Form of Warrant of Accompanying) |
A warrant of accompanying shall include the name, date of birth and address of a domestic violence offender, summary of the offense, place where the offender was apprehended or place where he/she will be admitted into, the period of validity, the intent that execution shall not commence and that the warrant shall be returned after it becomes invalid, and the date of issuance, and it shall carry the signature and seal of the judge.
[This Article Wholly Amended on Apr. 12, 2011]
| Article 27 (Execution of Warrant of Accompanying, etc.) |
| (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 may execute warrants of accompanying. |
| (2) | Where the court fails to execute a warrant of accompanying for not less than one year due to the unknown whereabouts of a domestic violence offender, it may transfer such case to prosecutors of the prosecutors' office corresponding to the competent court. |
| (3) | When the court has executed a warrant of accompanying, it shall notify the fact to the legal representative or assistant of a domestic violence offender, without delay. |
[This Article Wholly Amended on Apr. 12, 2011]
| (1) | A domestic violence offender may appoint an assistant for 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 counseling center shall be eligible to be an assistant: Provided, That the offender shall obtain approval from the court to appoint a person, other than an attorney-at-law, as his/her assistant. |
| (3) | No assistant, other than an attorney-at-law appointed under paragraph (2), shall receive or promise to receive money, valuables, entertainment or other benefits, and allow or promise to allow a third party to offer such benefits. |
[This Article Wholly Amended on Apr. 12, 2011]
| Article 29 (Ad Hoc Measures) |
| (1) | A judge may take any of the following ad hoc measures against a domestic violence offender by ruling, where deemed necessary for the smooth investigation and examination of a home protection case or for the protection of a victim: <Amended on Oct. 20, 2020> |
| 1. | Eviction, etc. from a room, in which the victim or family members live, or a room occupied thereby, to isolate the offender from the victim; |
| 2. | A restraining order to stay at least 100 meters away from the victim or family members or their residence or place of work, etc.; |
| 4. | Admitting the offender into a medical institution or intermediate care center; |
| 5. | Confining the offender in a detention center or room of any State police station; |
| 6. | Entrusting counseling of the offender to counseling centers, etc. |
| (2) | A judge shall decide on whether to take measures under paragraph (1) against 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 has decided to take measures under paragraph (1), it shall notify prosecutors or the victim of such fact. |
| (4) | After the court has taken measures under paragraph (1) 4 or 5, it shall notify the fact to an assistant, if any, or a person designated by a legal representative or the offender, if not. In such cases, when the court has taken measures under paragraph (1) 5, it shall notify the domestic violence offender that he/she may appoint an assistant, including an attorney-at-law and may file a complaint 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 through 6 shall not exceed one month: Provided, That the court may rule to extend the period for ad hoc measures under paragraph (1) 1 through 3 on up to two occasions and ad hoc measures under paragraph (1) 4 through 6 only once within the specified period, where deemed necessary to protect a victim. <Amended on Oct. 20, 2020> |
| (6) | When an offender is committed to a medical institution, etc. under paragraph (1) 4, the court may impose necessary measures on the head of the medical institution, etc. for the protection of the offender. |
| (7) | When the court intends to admit an offender to a medical institution, etc. operated by civilians, it shall make prior notification to the head of such institution, etc. of the measures to be imposed under paragraph (6) and obtain his/her consent thereto. |
| (8) | The head of a counseling center, etc. who has provided counseling under paragraph (1) 6 shall submit a report on the results thereof to a judge and a prosecutor. <Newly Inserted on Oct. 20, 2020> |
| (9) | When a judge has decided to take ad hoc measures under each subparagraph of paragraph (1), he/she may have home protection case investigators, court officials, judicial public officers or correctional public officials under the jurisdiction of a detention center implement such measures. <Amended on Oct. 20, 2020> |
| (10) | A domestic violence offender, or his/her legal representative or assistant may file a request for the revocation of a decision to take ad hoc measures under paragraph (1) or for the change of the type of such measures. <Amended on Oct. 20, 2020> |
| (11) | A judge may rule to revoke the relevant ad hoc measures or change the type of such measures ex officio, or where he/she deems that requests made under paragraph (10) have justifiable grounds to the contrary. <Amended on Oct. 20, 2020> |
| (12) | Standards for medical institutions, intermediate care centers, counseling centers, etc. to which relevant tasks are entrusted under paragraph (1) 4 and 6 and other necessary matters shall be prescribed by the Supreme Court Regulations. <Amended on Oct. 20, 2020> |
[This Article Wholly Amended on Apr. 12, 2011]
| Article 29-2 (Implementation, etc. of Ad Hoc Measures) |
| (1) | Any person who implements a decision on ad hoc measures under Article 29 (9) shall notify a domestic violence offender of the details thereof or the methods for objecting thereto. <Amended on Oct. 20, 2020> |
| (2) | Where victims or family members have moved to a new residence or place of work after ad hoc measures under Article 29 (1) 1 and 2 were taken, they may request the competent court to make changes to the decision to take ad hoc measures. |
[This Article Wholly Amended on Apr. 12, 2011]
| Article 30 (Setting of Hearing Date) |
| (1) | A judge shall set a hearing date 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 fact that he/she is entitled to an assistant. |
| (2) | Assistants and victims shall be notified of a hearing date set under paragraph (1). |
[This Article Wholly Amended on Apr. 12, 2011]
| Article 31 (Change of Hearing Date) |
A judge may reschedule a hearing, either ex officio or upon request by a domestic violence offender or his/her assistant. In such cases, the domestic violence offender, victim and their assistant shall be notified of the rescheduled date.
[This Article Wholly Amended on Apr. 12, 2011]
| Article 32 (Closed Hearing) |
| (1) | Where a judge deems it necessary to ensure privacy, to help promote a peaceful and stable home, or to maintain good public morals, he/she may choose to close to the public a hearing for a home protection case. |
| (2) | Victims or family members summoned as witnesses may request the judge for a closed witness examination on the grounds of privacy or the peace and stability at home. In such cases, the judge may determine whether to grant such a request and the methods and places of such examination, including an examination in places other than open courts. |
[This Article Wholly Amended on Apr. 12, 2011]
| Article 33 (Victims' Rights to State Opinions) |
| (1) | The court shall examine a victim as a witness, where 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 any further statement is not deemed necessary as he/she has already fully stated his/her opinions during the hearing proceedings; |
| 2. | Where the hearing proceedings are likely to be significantly delayed due to any further statement. |
| (2) | When the court examines a victim under paragraph (1), it shall give him/her 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 where deemed necessary for a hearing. In such cases, the judge may order a domestic violence offender to leave the court, where deemed necessary to ensure 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 counseling center to state their opinions on his/her behalf. |
| (5) | When the applicant referred to in paragraph (1) fails to appear before the court without justifiable cause, after having been summoned, such request shall be deemed to have been revoked. |
[This Article Wholly Amended on 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 governing the witness examination, appraisal, interpretation and translation shall apply mutatis mutandis to the cases falling under paragraph (1) to the extent that it does not go against the nature of home protection cases. |
[This Article Wholly Amended on Apr. 12, 2011]
| Article 35 (Verification, Seizure, and Search) |
| (1) | The court may conduct verification, seizure and search. |
| (2) | The provisions of the Criminal Procedure Act governing the verification, seizure and search by the court shall apply mutatis mutandis to the cases falling under paragraph (1) to the extent that it does not go against the nature of home protection cases. |
[This Article Wholly Amended on Apr. 12, 2011]
| Article 36 (Cooperation and Assistance) |
| (1) | The court may request cooperation and assistance from the relevant administrative agencies, counseling centers, medical institutions or any other organizations, where necessary for the investigation and hearing of home protection cases. |
| (2) | Where the relevant administrative agencies, counseling centers, medical institutions or any other organizations refuse to comply with a request made under paragraph (1), they shall provide justifiable grounds. |
[This Article Wholly Amended on Apr. 12, 2011]
| Article 37 (Decision not to Take Measures) |
| (1) | The judge shall decide not to take any measure after hearing a home protection case, in any of the following cases: |
| 1. | Where it is deemed that he/she is unable to issue a protective order or such disposition is unnecessary; |
| 2. | When he/she deems that it is inappropriate to handle the case as a home protection case, in consideration of its nature, motives and results, or personality, behaviors and habits of the domestic violence offender. |
| (2) | Where the court decides not to take measures on the grounds specified in paragraph (1) 2, it shall handle the case in accordance with the following classification: |
| 1. | Where the case has been transferred by a prosecutor under Article 11, the court shall transfer the case to a prosecutor of the prosecutors' office corresponding to the competent court; |
| 2. | Where the case has been transferred by the court under Article 12, the court shall transfer the case to the court which made the transfer order. |
| (3) | When the judge has made a decision under paragraph (1), it shall notify such fact to the domestic violence offender, victim and prosecutors. |
[This Article Wholly Amended on Apr. 12, 2011]
| Article 38 (Period, etc. of Disposition) |
A home protection case shall be handled promptly, in preference to other litigation. A decision on disposition shall be made within three months after the date the case was transferred, in the absence of special circumstances.
[This Article Wholly Amended on Apr. 12, 2011]
| Article 39 (Provisions for Delegation) |
Matters regarding the investigation and hearing of home protection cases shall be prescribed by the Supreme Court Regulations.
[This Article Wholly Amended on Apr. 12, 2011]
SECTION 3 Protective Orders
| Article 40 (Decision, etc. on Protective Orders) |
| (1) | A judge may issue any of the following dispositions, where a protective order is deemed necessary after a hearing: |
| 1. | Restrictions on a domestic violence offender's access to the victims or family members; |
| 3. | Restrictions on a domestic violence offender’s exercise of parental authority over the victims; |
| 7. | Entrustment of the treatment of offenders to medical institutions; |
| 8. | Entrustment of the counseling for offenders to counseling centers, etc. |
| (2) | A disposition prescribed in each subparagraph of paragraph (1) may be imposed concurrently. |
| (3) | Where a disposition is imposed under paragraph (1) 3, the victims may be sent to other parental guardians, relatives or appropriate facilities. |
| (4) | If the court has decided to issue a protective order, it shall notify the fact to a prosecutor, domestic violence offender, victim, probation officer, and the head of a protective facility, medical institution or counseling center, etc., which is entrusted with the performance of a protective order (hereinafter referred to as "entrusted institutions") without delay: Provided, That where it is a private institution, the court shall obtain consent from the head of the institution to such entrustment. |
| (5) | Where a disposition is imposed 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 domestic violence offenders under paragraph (1) 6 shall provide them with education necessary to correct their personality and behaviors. |
[This Article Wholly Amended on Apr. 12, 2011]
| Article 41 (Period of Protective Orders) |
The period of a protective order under Article 40 (1) 1 through 3 and that of a protective order under Article 40 (1) 5 through 8 shall not exceed six months, and the amount of community service and lectures provided for in Article 40 (1) 4 shall not exceed 200 hours, respectively. [This Article Wholly Amended on Apr. 12, 2011]
| Article 42 (Confiscation) |
A judge may rule to confiscate articles used or intended to be used for criminal domestic violence, which do not belong to persons other than domestic violence offenders, in issuing a protective order.
[This Article Wholly Amended on Apr. 12, 2011]
| Article 43 (Execution of Protective Orders) |
| (1) | The court may allow home protection case investigators, court officials, judicial public officers, probation officers or employees belonging to entrusted institutions to execute a protective order. |
[This Article Wholly Amended on Apr. 12, 2011]
| Article 44 (Submission, etc. of Reports and Opinions) |
If the court has decided to issue a protective order under Article 40 (1) 4 through 8, it may request probation officers or the heads of entrusted institutions to submit reports or written opinions on domestic violence offenders and may issue instructions for the execution of such order. [This Article Wholly Amended on Apr. 12, 2011]
| Article 45 (Changes to Protective Orders) |
| (1) | The court may rule to change the type and period of a protective order on no more than one occasion, either ex officio or upon request by a prosecutor, probation officer or the head of an entrusted institution, where deemed necessary, as long as the protective order remains in force. |
| (2) | Where changes are made to the type and period of a protective order under paragraph (1), the period of a protective order under Article 40 (1) 1 through 3 and Article 40 (1) 5 through 8 shall not exceed one year, and the amount of community service and lectures provided under Article 40 (1) 4 shall not exceed 400 hours, including the original period. |
| (3) | Where the court has decided to make changes to an order under paragraph (1), it shall notify the fact to a prosecutor, domestic violence offender, legal representative, assistant, victim, probation officer and entrusted institution, without delay. |
[This Article Wholly Amended on Apr. 12, 2011]
| Article 46 (Revocation of Protective Orders) |
Where a domestic violence offender subjected to a protective order fails to implement the decision of a protective order under Article 40 (1) 4 through 8 or fails to comply with the execution thereof, the court shall rule to revoke such protective order, either ex officio or upon request by a prosecutor, victim, probation officer or the head of an entrusted institution, and take either of the following measures: | 1. | If the case has been transferred by a prosecutor under Article 11, the court shall transfer the case to a prosecutor of the prosecutors' office corresponding to the competent court; |
| 2. | If the case has been transferred by the court under Article 12, the court shall transfer the case to the court which made such transfer order. |
[This Article Wholly Amended on Apr. 12, 2011]
| Article 47 (Termination of Protective Orders) |
The court may rule to terminate all or part of a protective order, either ex officio or upon request by a prosecutor, victim, probation officer or the head of an entrusted institution, where it deems that the domestic violence offender will be able to lead a normal life at home as his/her personality and behaviors have been corrected or that the protective order is no longer necessary for other reasons.
[This Article Wholly Amended on Apr. 12, 2011]
| Article 48 (Bearing Expenses) |
| (1) | Domestic violence offenders who are committed to medical institutions, etc. under Article 29 (1) 4 and 6 or who are subjected to a protective order under Article 40 (1) 7 and 8 shall bear expenses incurred for such commitment or protective order: Provided, That where domestic violence offenders are unable to make payment, the State may bear such expenses. <Amended on Oct. 20, 2020> |
| (2) | A judge may order domestic violence offenders to make an advance payment for the expenses referred to in the main sentence of paragraph (1). |
| (3) | Calculation of expenses to be borne by domestic violence offenders under paragraph (1), procedures for making a request for payment and for making a payment, and other necessary matters shall be prescribed by the Supreme Court Regulations. |
[This Article Wholly Amended on Apr. 12, 2011]
SECTION 4 Complaints and Further Complaints
| (1) | With regard to ad hoc measures under Article 8 or 29 (including decisions on the extension or revision of ad hoc measures; hereinafter the same shall apply), a protective order under Article 40, the revision of a protective order under Article 45 or the revocation of a protective order under Article 46, where there has been any violation of statutes or regulations or erroneous determination of facts that could affect the decision, or where such decision is significantly unfair, a prosecutor, domestic violence offender, the legal representative or assistant may file a complaint with the collegiate division of the family court: Provided, That where a family court has not been established, a complaint shall be filed with the collegiate division of the district court. |
| (2) | Where the court has decided not to take any measure under Article 37 and such decision is remarkably unfair, prosecutors, victims or the legal representative may file a complaint. In such cases, paragraph (1) shall apply mutatis mutandis to the appellate courts. |
| (3) | A complaint shall be filed within seven days from the notification of such decision. |
[This Article Wholly Amended on Apr. 12, 2011]
| Article 50 (Filing of Written Complaints) |
| (1) | In filing a complaint, a written complaint shall be filed with the court of original judgment. |
| (2) | The court shall send relevant records, along with written opinions, to the appellate court within three days from the receipt of such written complaint. |
[This Article Wholly Amended on Apr. 12, 2011]
| Article 51 (Appellate Trial) |
| (1) | The appellate court shall rule to dismiss a complaint where the complaint is deemed to have no merit or where the proceedings therefor violate any statutes. |
| (2) | Where the appellate court deems that a complaint has merit, it shall remand the case to the lower court or transfer it to another competent court, after revoking an original decision. In such cases, it may quash the original decision and make a decision on ad hoc measures, non-disposition or a protective order at its discretion, where it is too urgent to remand or transfer the case or where it is deemed necessary on other grounds. |
[This Article Wholly Amended on Apr. 12, 2011]
| Article 52 (Further Complaints) |
| (1) | A further complaint may be filed with the Supreme Court against a decision to dismiss a complaint, only where such decision is in violation of any statutes or regulations. |
| (2) | Article 49 (3) shall apply mutatis mutandis to further complaints under paragraph (1). |
[This Article Wholly Amended on Apr. 12, 2011]
| Article 53 (Non-Suspension of Execution) |
No complaint or further complaint shall have the effect of suspending the execution of a decision.
[This Article Wholly Amended on Apr. 12, 2011]
| Article 54 (Transfer of Records, etc. on Concluded Cases) |
The court shall send case records and written decisions to prosecutors of the corresponding prosecutors' office, without delay, after a home protection case has been concluded.
[This Article Wholly Amended on Apr. 12, 2011]
CHAPTER III VICTIM PROTECTIVE ORDERS
| Article 55 (Jurisdiction over Victim Protective Order Cases) |
| (1) | Victim protective order cases shall be under the jurisdiction of the family court having jurisdiction over the place of an action, residence or current place of a domestic violence offender and residence or current place of a victim: Provided, That victim protective order cases shall be under the jurisdiction of the district court of the relevant region where a family court does not exist in a region. |
| (2) | Victim protective order cases shall be heard and decided by a judge. |
[This Article Newly Inserted on Jul. 25, 2011]
| Article 55-2 (Victim Protective Orders, etc.) |
| (1) | If deemed necessary to protect a victim, a judge may rule to issue any of the following victim protective orders against a domestic violence offender, at the request of a victim, his/her legal representative, or a prosecutor: <Amended on Oct. 20, 2020> |
| 1. | Eviction, etc. from a room, in which victims or family members live, or a room occupied thereby, to isolate the offender from the victim; |
| 2. | A restraining order to stay at least 100 meters away from the victim or family members or their residence or place of work, etc.; |
| 4. | Restrictions on the exercise of parental authority against the domestic violence offender with parental authority; |
| 5. | Restrictions on the exercise of rights to visitation with the victim by the domestic violence offender. |
| (2) | A victim protective order prescribed in paragraph (1) may be issued concurrently. |
| (3) | A victim, his/her legal representative, or a prosecutor may request the revocation of a victim protective order issued under paragraph (1) or change of the type thereof. <Amended on Oct. 20, 2020> |
| (4) | A judge may decide to revoke the relevant victim protective order or change the type of such order, either ex officio or where a request made under paragraph (3) is deemed to have merit. |
| (5) | If deemed necessary for the protection of a victim, the court may request a prosecutor to take measures to protect the victim from danger, as described in any of the following subparagraphs, for a fixed period either at the request of the victim or his/her legal representative or ex officio. In such cases, the prosecutor may request the chief of a police station having jurisdiction over the residence or current location of the victim to take measures to protect the victim from danger, and the chief of the police station shall comply therewith in the absence of justifiable grounds: <Newly Inserted on Dec. 30, 2014> |
| 1. | Measures to protect a victim who appears in court to be present at the hearings of a home protection case, victim protective order case or other family litigation procedures in which the other party is the domestic violence offender; |
| 2. | Measures to protect a victim who exercises his/her right to visit his/her child; |
| 3. | Other measures prescribed by Presidential Decree to protect the victim from danger. |
| (6) | Other matters necessary to take the measures to protect victims from danger under paragraph (5), including the method, period and procedures for execution, shall be prescribed by Presidential Decree. <Newly Inserted on Dec. 30, 2014> |
[This Article Newly Inserted on Jul. 25, 2011]
[Title Amended on Dec. 30, 2014]
| Article 55-3 (Period of Victim Protective Orders) |
| (1) | The period of a victim protective order issued under each subparagraph of Article 55-2 (1) shall not exceed one year: Provided, That the court may extend the period by two months, ex officio or by ruling, upon request by a victim, his/her legal representative, or a prosecutor. <Amended on Oct. 20, 2020> |
| (2) | Where the court extends the period of a victim protective order or changes its type, the period shall not exceed three years including the initial period. <Amended on Oct. 20, 2020> |
[This Article Newly Inserted on Jul. 25, 2011]
| Article 55-4 (Ad Hoc Protective Orders) |
| (1) | When a request for a victim protective order is made under Article 55-2 (1), a judge may rule to issue an ad hoc protective order prescribed in any subparagraph of Article 55-2 (1) against a domestic violence offender if deemed necessary for the protection of the victim. |
| (2) | An ad hoc protective order shall be valid until a victim protective 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 protective order or the change of its type. In such cases, "a victim protective order" shall be construed as "an ad hoc protective order.” |
[This Article Newly Inserted on Jul. 25, 2011]
| Article 55-5 (Investigation of Compliance) |
| (1) | A court may have home protection case investigators, court officials, judicial police officers, probation officers, etc. frequently investigate the compliance with an ad hoc protective order and a victim protective order, and report the results thereof without delay. |
| (2) | Where a domestic violence offender subjected to an ad hoc protective order or a victim protective order fails to comply therewith, a court may notify the fact to a prosecutor of the prosecutors' office corresponding to the competent court. |
[This Article Newly Inserted on Jul. 25, 2011]
| Article 55-6 (Joint Hearings) |
In any of the following cases, a court may hold a joint hearing for a victim protective order case and home protection case:
| 1. | Where a domestic violence offender or victim is the same person, respectively; |
| 2. | Where a joint hearing is necessary due to the relevance of the two cases. |
[This Article Newly Inserted on Jul. 25, 2011]
| Article 55-7 (Application Mutatis Mutandis) |
Articles 19 through 22, 30 through 32, and 34 through 36 shall apply mutatis mutandis to the investigation and hearing for victim protective orders. [This Article Newly Inserted on Jul. 25, 2011]
| Article 55-8 (Complaints or Further Complaints) |
| (1) | With regard to a victim protective order (including a decision on extension under Article 55-3) and the revocation or change of the type thereof under Article 55-2 or an ad hoc protective order and the revocation or change of the type thereof under Article 55-4, where there has been any violation of statutes or regulations or erroneous determination of facts that could affect the decision, or where such decision is remarkably unfair, the prosecutor, the victim, domestic violence offender, or his/her legal representative or assistant may file a complaint with the collegiate division of the competent family court: Provided, That where there is no family court having jurisdiction over the area in question, a complaint shall be filed with the collegiate division of the relevant district court. <Amended on Oct. 20, 2020> |
| (2) | If a judge dismisses a victim protective order, the victim, his/her legal representative, the prosecutor may file a complaint. In such cases, paragraph (1) shall apply mutatis mutandis to the appellate court. <Amended on Oct. 20, 2020> |
| (3) | Articles 49 (3) and 50 through 54 shall apply mutatis mutandis to complaints and further complaints filed against victim protective orders, etc. |
[This Article Newly Inserted on Jul. 25, 2011]
| Article 55-9 (Provisions for Delegation) |
Matters necessary for the investigation and hearing of victim protective order cases shall be prescribed by the Supreme Court Regulations.
[This Article Newly Inserted on Jul. 25, 2011]
CHAPTER IV SPECIAL PROVISIONS FOR HANDLING CIVIL CASES
| Article 56 (Application 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 needs to be affixed. |
[This Article Wholly Amended on Apr. 12, 2011]
| Article 57 (Compensation Orders) |
| (1) | The court may order monetary payment or compensation (hereinafter referred to as "compensation") under the following subparagraphs, either ex officio or upon request by a victim, when issuing a protective order during the hearing proceedings for home protection cases at first instance: |
| 1. | Payment of money necessary to support victims or family members; |
| 2. | Compensation for direct physical damage and medical expenses incurred in a home protection case. |
| (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 issue an order to pay compensation under paragraph (1). |
[This Article Wholly Amended on Apr. 12, 2011]
| Article 58 (Issuance of Compensation Orders) |
| (1) | Any compensation order shall be issued at the same time when a decision on a protective order is made. |
| (2) | A compensation order shall be made by issuing an order to pay a certain amount of money, and the subject and amount of compensation shall be indicated in the main paragraph of each written decision on a protective order. In such cases, the grounds for a compensation order may be omitted, unless it is deemed especially necessary. |
| (3) | The court may rule that a compensation order may be provisionally executed. |
| (5) | When issuing a compensation order, the court shall promptly send the original written decision on a protective order to offenders and victims. |
[This Article Wholly Amended on Apr. 12, 2011]
| Article 59 (Rejection of Application) |
| (1) | Where an application for compensation is illegal or groundless or where it is deemed that an order for compensation is inappropriate, the court shall rule to reject such application. |
| (2) | When the court holds a trial under paragraph (1) at the same time when the decision on a protective order is made, the court may indicate such fact in the main paragraph of a written decision on a protective order. |
| (3) | At a trial where an application has been rejected or partially accepted, no applicant may raise an objection and apply for the same compensation once again. |
[This Article Wholly Amended on Apr. 12, 2011]
| Article 60 (Objection to Judgment) |
| (1) | When a complaint is filed against a protective order, a compensation order shall be transferred to an appellate trial, along with a home protection case. The same shall apply to a further complaint filed against a protective order. |
| (2) | Even when the appellate court upholds the lower court’s decision, it may revoke or revise a compensation order. |
| (3) | A domestic violence offender may only file a complaint against a compensation order, without filing a complaint against a decision on a protective order. In such cases, a complaint against such decision shall be filed within seven days. |
| (4) | Only where a decision to reject a complaint under paragraph (3) violates any statute or regulation, an offender may file a further complaint against such decision with the Supreme Court within seven days. The same shall apply to cases where an offender only files a further complaint against a compensation order with regard to the decision by the appellate court under the former part of paragraph (1). |
| (5) | No complaint or further complaint referred to in paragraphs (1), (3) and (4) shall have the effect of suspending the execution of a compensation order. |
[This Article Wholly Amended on Apr. 12, 2011]
| Article 61 (Effect of Compensation Order and Compulsory Execution) |
| (1) | The original written decision on a protective 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 judgment 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 becomes final and conclusive, no victim may apply for compensation for damage under other procedures within the scope of the cited amount thereof. |
[This Article Wholly Amended on Apr. 12, 2011]
| Article 62 (Mutatis Mutandis Application of Other Statutes) |
[This Article Wholly Amended on Apr. 12, 2011]
CHAPTER V PENALTY PROVISIONS
| Article 63 (Non-Compliance with Protective Orders, etc.) |
| (1) | Any of the following domestic violence offenders shall be punished by imprisonment with labor for up to two years, by a fine of up to 20 million won, or by misdemeanor imprisonment: <Amended on Jan. 17, 2012> |
| 1. | A domestic violence offender who fails to comply with the protective order after a protective order prescribed in any of subparagraphs 1 through 3 of Article 40 (1) has been finalized; |
| 2. | A domestic violence offender who fails to comply with a victim protective order issued under Article 55-2 or ad hoc protective order issued under Article 55-4. |
| (2) | A domestic violence offender who fails to comply with any ad hoc measure specified in Article 29 (1) 1 through 3 without good cause shall be punished by imprisonment with labor for not more than one year, by a fine not exceeding 10 million won, or by misdemeanor imprisonment. <Newly Inserted on Oct. 20, 2020> |
| (3) | A domestic violence offender who habitually violates paragraphs (1) and (2) shall be punished by imprisonment with labor for up to three years or by a fine of up to 30 million won. <Newly Inserted on Jan. 17, 2012; Oct. 20, 2020> |
| (4) | Where a person to whom an order to complete a program has been issued pursuant to Article 3-2 (1) receives a warning in accordance with the Act on Probation or the Administration and Treatment of Correctional Institution Inmates Act due to his/her failure to follow an instruction to comply with an order to complete a program from the head of a probation office or the head of a correctional facility, and further fails to comply with such instruction to comply with the order without good cause, such person shall be punished as follows: <Newly Inserted on Oct. 20, 2020> |
| 1. | Where punishment by a fine is concurrently imposed, the person shall be punished by a fine not exceeding five million won; |
| 2. | Where imprisonment with labor is concurrently imposed, the person shall be punished by imprisonment with labor for not more than one year or by a fine not exceeding 10 million won. |
[This Article Wholly Amended on Jul. 25, 2011]
| Article 64 (Violation 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 with labor for up to one year, by the suspension of qualification for up to two years or by a fine of up to 10 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 of up to five million won. |
[This Article Wholly Amended on Apr. 12, 2011]
| Article 65 (Administrative Fines) |
Any of the following persons shall be punished by an administrative fine not exceeding five million won: <Amended on Jul. 25, 2011>
| 1. | A person who fails to comply with a summon under Article 24 (1), without good cause; |
| 2. | A person who fails to comply with an order to submit a report or written opinion under Article 44, without good cause; |
| 3. | A person who fails to comply with the execution of a protective order under Article 40 (1) 4 through 8 without good cause after such order has been finalized, with regard to home protection cases under Article 9 or 12, which were forwarded by prosecutors or a court; |
| 4. | Deleted. <Oct. 20, 2020> |
[This Article Wholly Amended on Apr. 12, 2011]
| Article 66 (Administrative Fines) |
Any of the following persons shall be subject to an administrative fine of up to three million won:
| 1. | A person who falls under any of the subparagraphs of Article 4 (2), who fails to report criminal domestic violence without good cause, despite becoming aware of such crime in the course of performing his/her duties; |
| 2. | A person who fails to take urgent ad hoc measures under Article 8-2 (1) (excluding cases where a prosecutor fails to make a request for ad hoc measures under Article 8-3 (1) or the court fails to determine ad hoc measures) without good cause. |
[This Article Wholly Amended on Dec. 30, 2014]
ADDENDUM <Act No. 5436, Dec. 13, 1997>
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>
| (1) | (Enforcement Date) This Act shall enter into force on the date of its promulgation. |
| (2) | (Transitional Measures concerning Criminal Domestic Violence Already Committed) The amended provisions of Articles 9 (2), 37 (1) 1 and 65 shall not apply to criminal 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.
ADDENDA <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.
ADDENDA <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.
ADDENDA <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 Penalty Provisions)
The amended provisions of Article 63 (2) shall not apply to criminal domestic violence committed before this Act enters into force. Where one crime is committed during a period spanning the time before and after the enactment of this Act, it shall be deemed to have been committed before this Act enters into force. Article 3 (Transitional Measures concerning Administrative Fines)
The amended provisions of Article 66 shall not apply to criminal domestic violence committed before this Act enters into force.
ADDENDUM <Act No. 12340, Jan. 28, 2014>
This Act shall enter into force eight months after the date of its promulgation.
ADDENDUM <Act No. 12877, Dec. 30, 2014>
This Act shall enter into force six months after the date of its promulgation.
ADDENDA <Act No. 13426, Jul. 24, 2015>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation. (Proviso Omitted.)
Articles 2 through 39 Omitted.
ADDENDA <Act No. 13719, Jan. 6, 2016>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 and 3 Omitted.
ADDENDA <Act No. 14224, May 29, 2016>
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation.
Articles 2 through 21 Omitted.
ADDENDUM <Act No. 14962, Oct. 31, 2017>
This Act shall enter into force on the date of its promulgation.
ADDENDA <Act No. 17499, Oct. 20, 2020>
Article 1 (Enforcement Date)
This Act shall enter into force three months after the date of its promulgation.
Article 2 (Applicability)
This Act shall begin to apply to criminal domestic violence committed after this Act enters into force.
Article 3 (Transitional Measures concerning Administrative Fines)
The previous provisions shall apply to the imposition of administrative fines for acts committed before this Act enters into force.