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Laws of the Republic of Korea |
917 (Supp. 41)
ACT ON THE PREVENTION OF DOMESTIC VIOLENCE AND PROTECTION, ETC. OF VICTIMS THEREOF
Act No. 5487, Dec. 31, 1997
Amended by Act No. 6400, Jan. 29, 2001
Act No. 7099, Jan. 20, 2004
Act No. 7413, Mar. 24, 2005
Act No. 7952, Apr. 28, 2006
Act No. 8367, Apr. 11, 2007
Act No. 8653, Oct. 17, 2007
Act No. 8852, Feb. 29, 2008
Article 1 (Purpose)
The purpose of this Act is to prevent domestic violence and to protect and support victims thereof.
[This Article Wholly Amended by Act No. 7952, Apr. 28, 2006] Article 2 (Definitions)
The definitions of terms used in this Act shall be as follows:
1. The term "domestic violence" means any act under subparagraph 1 of Article 2 of the Act on Special Cases concerning the Punishment, etc. of Crimes of Domestic Violence;
2. The term "domestic violence offender" means a person under subpara- graph 4 of Article 2 of the Act on Special Cases concerning the Punish- ment, etc. of Crimes of Domestic Violence;
3. The term "victim" means a person who has been directly damaged by domestic violence; and
4. The term "child" means a person who is under eighteen years of age.
[This Article Wholly Amended by Act No. 8653, Oct. 17, 2007]
Article 3 Deleted.
(1) The State and local governments shall take each measure under the
following subparagraphs to prevent domestic violence and to
protect and
support victims thereof:
ACT ON THE PREVENTION OF DOMESTIC VIOLENCE AND PROTECTION,
ETC. OF VICTIMS THEREOF
917-1(Supp. 41)
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 protection facilities for victims and
other support services for them;
4. Establishment and operation of a cooperation network among the related
agencies to facilitate the protection of and support to
victims; and
5. Arrangement of the related Acts and subordinate statutes and the estab-
lishment, implementation and evaluation of various policies
for the
prevention of domestic violence and for the protection of and support
to victims.
(2) In order to fully perform the duties under paragraph (1), the State
and local governments shall take budgetary measures for
these purposes.
(3) The Special Metropolitan City, a Metropolitan City, a Do, the 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 prevention
of domestic violence and protection of and
support to victims.
(4) The State and local governments shall foster and provide support,
with the subsidy for expenses, etc., counseling centers related
to domestic
violence and protection facilities for the victims thereof established and
operated under Articles 5 (2) and 7 (2).
[This Article Wholly Amended by Act No. 8653, Oct. 17, 2007]
Article 4-2 (Investigation into Actual Conditions of Domestic Violence)
(1) The Minister of Gender Equality shall investigate actual conditions
of domestic violence on a three-yearly basis, announce
the findings thereof
and utilize such findings as basic materials in policy making for the pre-
vention of domestic violence.
[This Article Wholly Amended by Act No. 8653, Oct. 17, 2007]
Article 4-3 (Conduct of Education on Prevention of Domestic Violence)
The head of each grade of school established under the Elementary and
Secondary Education Act shall conduct the education necessary
for the
prevention of domestic violence as prescribed by Presidential Decree.
[This Article Wholly Amended by Act No. 8653, Oct.
17, 2007]
36
(Supp. 41)917-2
Article 4-4 (Support of School Attendance of Child)
(1) Where a victim or a family member he/she accompanies (referring
to a person
who is protected or brought up by the victim of 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 the place of his/her domicile (including entrance into, reentrance
into, change of and admission into
school; hereinafter the same shall
apply), the State and local governments 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 by Act No 8653, Oct. 17, 2007]
Article 4-5 (Prohibition of Disadvantage Disposition against Victim)
No person who is employing a victim shall dismiss him/her nor give any
other disadvantage to him/her in connection with crimes
of domestic
violence under the Act on Special Cases concerning the Punishment,
etc. of Crimes of Domestic Violence.
[This Article Wholly Amended by Act No. 8653, Oct. 17, 2007]
Article 5 (Establishment and Operation of Counseling Center)
(1) The
State or local governments may establish and operate a counseling
center related to domestic violence (hereinafter referred to as
a "counseling
center").
(2) Any person, other than the State or local governments, who intends
to establish and operate a counseling center shall report
to the governor
of Special Self-Governing Province, or the head of Si/Gun/Gu (the head
of Gu means that of autonomous Gu; hereinafter
referred to as the "head
of Si/Gun/Gu").
(3) Matters necessary for the standards of the establishment and operation
of counseling centers, the number of counselors therein
and the procedures
for report thereof, etc. shall be prescribed by Ordinance of the Ministry
of Gender Equality.
The services of counseling center shall be as set out under each of the
following subparagraphs:
ACT ON THE PREVENTION OF DOMESTIC VIOLENCE AND PROTECTION,
ETC. OF VICTIMS THEREOF
917-3(Supp. 41)
1. Receipt of reports, or consultation on domestic violence;
2. Temporary protection of a victim and a family member he/she ac-
companies (hereinafter referred to as a "victim, etc.") who has
difficulty
living a normal family life and social life due to domestic violence or
requires emergency protection, or handing over
the victim, etc. to a
medical institution or protection facilities for victims of domestic vio-
lence under Article 7 (1);
3. Request for necessary cooperation and support from the Korean Bar
Association or local bar associations and legal aid corporations
estab-
lished under the Legal Aid Act (hereinafter referred to as a "legal aid
corporation") for consultation with respect to legal
matters, such as
laying charges against domestic violence offenders;
4. Temporary protection of victims, etc. transferred from police stations,
etc.;
5. Publicity concerning the prevention of domestic violence; and
6. Other investigations and research on domestic violence and damage
therefrom.
[This Article Wholly Amended by Act No. 8653, Oct. 17, 2007]
Article 7 (Establishment of Protection Facilities)
(1) The State or
local governments may establish and operate protection
facilities for victims of domestic violence (hereinafter referred to as
"protection facilities").
(2) A social welfare corporation under the Social Welfare Services Act
(hereinafter referred to as a "social welfare corporation")
and other nonprofit
corporations may establish and operate protection facilities with the authori-
zation of the head of Si/Gun/Gu.
(3) Protection facilities shall have a counselor and may have employees,
such as life guides, cooks, janitors, based on the scale
of the protection
facilities.
(4) Matters necessary for the standards of the establishment and operation
of protection facilities, the type of occupation, such
as counselors, etc.
and number of employees thereof, and the authorization standards shall
be prescribed by Ordinance of the Ministry
of Gender Equality.
[This Article Wholly Amended by Act No. 8653, Oct. 17, 2007]
Article 7-2 (Categories of Protection Facilities)
(1) Categories of
protection facilities shall be as set out under each of
36
(Supp. 41)917-4
the following subparagraphs:
1. Short-term protection facilities: Facilities to protect victims, etc. for
a period not exceeding six months;
2. Long-term protection facilities: Facilities to provide victims, etc. with
residential convenience, etc. for their self-support
for a period not ex-
ceeding two years;
3. Protection facilities for foreigners: Facilities to protect foreign victims,
etc., whose spouse is a national of the Republic
of Korea, for a period
not exceeding two years; and
4. Protection facilities for the disabled: Facilities to protect victims, etc.,
who are disabled persons governed by the Welfare
of Disabled Persons
Act, for a period not exceeding two years.
(2) Heads of short-term protection facilities may extend the period of pro-
tection for victims, etc. who have entered such facilities
up to three months
on only one occasion as prescribed by Ordinance of the Ministry of Gender
Equality.
(1) Protection facilities shall render each of the following services for victims,
etc.: Provided, That, to the family member the
victim accompanies, the
protection facilities may not render a part of the services except subpara-
graph 1, and long-term protection
facilities may not render the services
for victims, etc. provided for in subparagraphs 1 through 5 (excluding
the provision of
residential convenience):
1. Boarding and lodging;
2. Counseling and treatment for psychological stability and social adapta-
tion;
3. Medical support, including transfer to medical institutions, etc. for
medical care of disease and health care;
4. Accompanying in investigations by criminal investigation agencies and
to witness examinations by courts of justice;
5. Request for necessary cooperation and support from legal aid in-
stitutions, etc.;
6. Conducting education on independence and self-support and providing
employment information;
7. Matters entrusted to protection facilities under other Acts; and
ACT ON THE PREVENTION OF DOMESTIC VIOLENCE AND PROTECTION,
ETC.
OF VICTIMS THEREOF
917-5(Supp. 41)
8. Other services necessary for the protection of victims, etc.
(2) A person who establishes and operates the protection facilities
for
the disabled shall, in performing services falling under any subparagraph
of paragraph (1), render any appropriate assistance
to the disabled in
consideration of the characteristics of the disabled.
(3) Heads of protection facilities may charge domestic
violence offenders
for compensation for all or a part of the expenses incurred in the provisions
of services falling under any
subparagraph of paragraph (1). In this case,
the procedures for charging for compensation shall follow the practices
of dispositions
on default of national or local taxes.
[This Article Wholly Amended by Act No. 8653, Oct. 17, 2008]
Article 8-2 (Qualification
Standards for Employees of Counseling Centers
and Protection Facilities)
(1) No person who falls under any of the following subparagraphs shall
become a head of counseling center or of protection facilities
nor a counselor
serving therein:
1. A minor, an incompetent or a quasi-incompetent;
2. A person who was declared bankrupt and has not been reinstated;
and
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 waived.
(2) A counselor serving in a counseling center or protection facilities shall
be a person who meets the requirements prescribed by Ordinance of the
Ministry of Gender Equality and who has completed the education
and
training courses for counselors in the education and training facilities for
counselors related to domestic violence under
Article 8-3.
(3) Other matters necessary for the qualification standards of employees
serving in counseling centers and protection facilities
shall be prescribed
by Ordinance of the Ministry of Gender Equality.
[This Article Wholly Amended by Act No. 8653, Oct. 17, 2007]
Article 8-3 (Education and Training Facilities for Counselors related
to
Domestic Violence)
(1) The State or local governments may establish and operate education
and training facilities for counselors related to domestic
violence (here-
36
(Supp. 41)917-6
inafter referred to as "education and training facilities") to provide an
education and training to counselors (including persons
who intends to
become counselors).
(2) A person falling under any of the following subparagraphs, who intends
to establish such education and training facilities,
shall report to head
of Si/Gun/Gu:
1. An educational foundation establishing and operating a school under
the Higher Education Act;
2. A legal aid corporation;
3. A social welfare corporation; and
4. Any other nonprofit corporation.
(3) Matters necessary for the establishment standards for education and
training facilities,
the qualifications and number of instructor working
therein, the operation standards for counselor education and training cours-
es and the report procedures, etc. shall be prescribed by Ordinance of
the Ministry of Gender Equality.
[This Article Wholly Amended by Act No. 8653, Oct. 17, 2007]
Article 10 (Closure, etc. of Counseling Centers, Protection Facilities,
or
Education and Training Facilities)
If the head of a counseling center, protection facilities, or education and
training facilities under Article 5 (2), 7 (2) or 8-3
(2) intends to suspend
the operation of the said facilities temporarily or close the said facilities,
he/she shall report to the
head of Si/Gun/Gu as prescribed by Ordinance
of the Ministry of Gender Equality.
(1) The Minister of Gender Equality or the head of Si/Gun/Gu may require
the head of a counseling center, protection facilities,
or education and
training facilities to make a necessary report on the facilities concerned
and have competent public official
investigate the status of the operation
of the facilities concerned or inspect books and other documents.
ACT ON THE PREVENTION OF DOMESTIC VIOLENCE AND PROTECTION,
ETC. OF VICTIMS THEREOF
917-7(Supp. 41)
(2) The competent public official performing the duties under paragraph
(1) shall bear a certificate showing the relevant authority
and produce
it to the persons concerned.
[This Article Wholly Amended by Act No. 8653, Oct. 17, 2007]
Article 12 (Cancellation of Authorization, etc.)
(1) Where counseling centers, protection facilities, or education and training
facilities fall under any of the following subparagraphs,
the head of
Si/Gun/Gu may issue orders for closure of the facilities, discontinuance
of services or suspension of services for
a period not exceeding six months,
or cancel the approval:
1. Where the standards for establishment or operation under Article 5
(3), 7 (4) or 8-3 (3) have not been met;
2. Where the number of counselors or instructors under Article 5 (3),
7 (4), 8-2 or 8-3 (3) is insufficient or an unqualified person
has been
employed;
3. Where the report under Article 11 (1) has been neglected without
justifiable grounds or a false report has been made, or the investigation
and inspection by the competent public official has been refused or
evaded; and
4. Where a counseling center, protection facilities, or education and train-
ing facilities have been established or operated for
profit making in
violation of Article 15.
(2) Detailed standards concerning orders for suspension and dis-
continuance of services or closure of facilities, or the cancellation
of author-
ization under paragraph (1) shall be prescribed by Ordinance of the
Ministry of Gender Equality.
The head of Si/Gun/Gu shall hold a hearing to order suspension and dis-
continuance of services or closure of facilities, or cancel
authorization under
Article 12.
[This Article Wholly Amended by Act No. 8653, Oct. 17, 2007]
Article 13 (Subsidy of Expenses)
(1) The State or local governments may subsidize a part of the expenses
for the establishment and operation of counseling centers
or protection
facilities under Article 5 (2) or 7 (2).
(2) The State or local governments shall subsidize the expenses so that
36
(Supp. 41)917-8
the protection facilities for the disabled can establish the facilities and
installations meeting the standards prescribed by the
Minister of Gender
Equality.
No person who is or has been the head of a counseling center or protection
facilities, nor the assistant to him/her shall reveal
secrets acquired through
the performance of the duties.
[This Article Wholly Amended by Act No. 8653, Oct. 17, 2007]
Article 17 (Prohibition of Use of Similar Name)
No person, other than counseling centers, protection facilities, or education
and training facilities under this Act, shall use
such name as counseling
centers related to domestic violence, protection facilities for victims of
domestic violence, or education
and training facilities for counselors re-
lated to domestic violence, or any other similar name.
[This Article Wholly Amended
by Act No. 8653, 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 counseling center or protection
facilities, etc.,
render the medical care and protection services to victims falling under
any of the following subparagraphs:
1. Consultation and guidance concerning health;
ACT ON THE PREVENTION OF DOMESTIC VIOLENCE AND PROTECTION,
ETC. OF VICTIMS THEREOF
917-9(Supp. 41)
2. Medical care for physical and mental injuries; and
3. Other matters concerning medical care prescribed by Presidential
Decree.
(2) Relevant domestic violence offenders shall bear all the expenses neces-
sary for 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 local gov-
ernments shall pay expenses necessary for medical care and protection
referred to in paragraph (1)
to a medical institution instead of the domestic
violence offender.
(4) Where the State or local governments have paid expenses pursuant
to paragraph (3), it may claim for compensation to the domestic
violence
offender: Provided, That the same shall not apply where a victim has
received medical care and protection under paragraph
(1) while in the
protection facilities or where the domestic violence offender falls under
any of the following subparagraphs:
1. A beneficiary under Article 2 of the National Basic Living Security
Act; and
2. A disabled person registered under Article 32 of the Welfare of Disabled
Persons Act.
(5) Matters necessary for the procedures for the payment of expenses under
paragraph (3) and the procedures for the exercise of
the right to demand
reimbursement, etc. under paragraph (4) shall be prescribed by Ordinance
of the Ministry of Gender Equality.
The Minister of Gender Equality may delegate a part of his/her authority
under this Act to the Special Metropolitan City Mayor,
a Metropolitan
City Mayor, a Do governor, or the head of a Si/Gun/Gu as prescribed
by Presidential Decree.
A person who falls under any of the following subparagraphs shall be
punished by imprisonment for not exceeding one year or by a
fine not
exceeding five million won:
1. A person who has established and operated counseling centers, pro-
tection facilities, or education and training facilities without
reporting
36
(Supp. 41)917-10
or authorization under Article 5 (2), 7 (2) or 8-3 (2);
2. A person who has continuously operated counseling centers, protection
facilities, or education and training facilities, notwithstanding
the
orders for suspension and discontinuance of services or closure of
facilities under Article 12; and
3. A person who has violated the obligation of confidentiality under Article
16.
[This Article Wholly Amended by Act No. 8653, Oct. 17, 2007]
Article 21 (Joint Penal Provisions)
(1) If a representative, agent, employee, or any other employed person
of a corporation commits a violation regarding the services
of the corpora-
tion under Article 20, not only shall the offender be punished but the
corporation shall also be fined pursuant
to the relevant Articles.
(2) If an agent, employee, or any other employed person of an individual
commits a violation regarding
the services of the individual under Article
20, not only shall the offender be punished but the individual shall also
be fined
pursuant to the relevant Articles.
[This Article Wholly Amended by Act No. 8653, Oct. 17, 2007]
Article 22 (Fines for Negligence)
(1) A person who falls under any of the following subparagraphs shall
be fined for negligence not exceeding three million won:
1. A person who has not made a report under Article 11 (1) without justifi-
able grounds or has made a false report, or who has refused
or evaded
investigation and inspection; and
2. A person who has violated the prohibition on the use of a similar name
under Article 17.
(2) Fines for negligence under paragraph (1) shall be imposed and collected
by the Minister of Gender Equality or the head of Si/Gun/Gu
as prescribed
by Presidential Decree.
917-11(Supp. 41)
court of the reason concerned without delay, which, in turn, shall proceed
to a trial on the fine for negligence pursuant to the
Non-Contentious Case
Litigation Procedure Act.
[This Article Wholly Amended by Act No. 8653, Oct. 17, 2007]
ADDENDUM
This Act shall enter into force on July 1, 1998.
ADDENDA
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation. (Proviso
Omitted.)
Articles 2 through 4 Omitted.
ADDENDA
(1) (Enforcement Date) This Act shall enter into force on the date of its
promulgation.
(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 local governments in place of domestic
violence offenders on
or after the date when this Act enters into force.
ADDENDA
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation: Provided,
That the enforcement date of any of the following matters
shall be as
follows:
1. Articles 2 through 4 of this Addenda shall enter into force on the date
on which Presidential Decree concerning the organization
of the Min-
istry of Gender Equality and Family under the amended provisions
36
(Supp. 41)917-12
of Article 42 of the Government Organization Act enters into force
within three months after the promulgation of this Act; and
2. Omitted.
Articles 2 through 4 Omitted.
ADDENDA
(1) (Enforcement Date) This Act shall enter into force six months after the
date of its promulgation.
(2) (Transitional Measures for Protection Facilities) At the time when this
Act enters into force, protection facilities which are
authorized by the head
of a Si/Gun/Gu concerned under the former provisions shall be deemed to
be those provided for by this Act:
Provided, That the standards for the estab-
lishment, etc. under the amended provisions of Article 7 (4) shall be met
according
to the categories of protection facilities 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 for Qualifications of Counselor) At the time when
this Act enters into force, any person who is qualified
as a counselor as pre-
scribed 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 for Education or Training Facilities) At the time
when this Act enters into force, an educational foundation
establishing and
operating a school provided for in the Higher Education Act, a legal aid corpo-
ration, a social welfare corporation
or any other nonprofit corporation at
which a domestic violence-related counselor education course is prepared
and implemented
as prescribed by Ordinance of the Ministry of Gender Equality
and Family shall, in cases of making registration under Article 8-3
(2) of
this Act within three months after this Act enters into force, be deemed
to do so 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
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
ACT ON THE PREVENTION OF DOMESTIC VIOLENCE AND PROTECTION,
ETC. OF VICTIMS THEREOF
918( 920)(Supp. 41)
Articles 2 through 6 Omitted
ADDENDUM
This Act shall enter into force on the date of its promulgation.
ADDENDA
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation. (Proviso
Omitted.)
Articles 2 through 7 Omitted.
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