교제폭력범죄 대응을 위한 가정폭력처벌법 체계 개편 – 친밀관계 내 폭력 대응 법률로의 전환을 중심으로

초록

Recently, the number of serious crimes, including murders, occurring within dating relationships has been rapidly increasing. However, the current Korean legal system treats dating violence as general violent crimes, leaving victims exposed to the risk of secondary victimization without adequate legal protection. Although legislative attempts to address dating violence have been continuously made since 2016, they have been delayed due to the intrinsic limitations of the Domestic Violence Act, which prioritizes the protection of families, and the difficulties in defining the concept of a dating relationship. This study aims to propose an effective solution to overcome the legislative stagnation regarding dating violence. First, it examines the characteristics of intimate partner violence and appropriate legislative directions, confirming that dating violence is fundamentally similar to domestic violence. Thus, it argues that extending the scope of the Domestic Violence Act to include dating violence is appropriate. However, given that the current Act is centered around protecting the family and structured mainly as protective proceedings, it must be fundamentally reorganized to apply to dating violence. Specifically, the legislative purpose should shift away from family protection, protective proceedings should become exceptional, interim measures should be incorporated as part of the criminal procedure, and the application of crimes subject to non-prosecution upon victim consent should be eliminated. Additionally, the definition of "dating relationship" should be clearly articulated as a relationship based on subjective romantic or sexual connections and objective continuous and frequent social interactions that form intimacy. Ultimately, this study aims to contribute to the prompt establishment of legislation addressing dating violence by proposing a systematic reformation of the Domestic Violence Punishment Act into a law that effectively responds to violence within all forms of intimate relationships and by providing a clear legal definition of dating relationships.

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