가정폭력(家庭暴力)의 실태(實態)와 법적 고찰
분야
사회과학 > 법학
저자
권정희 ( Jung Hee Kwon )
발행기관
이화여자대학교 법학연구소
간행물정보
법학논집 2001년, 제6권 제1호, 115~132페이지(총18페이지)
파일형식
2b600312.pdf [무료 PDF 뷰어 다운로드]
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    Recently, there is a growing social awareness about family violence in our society. ``Special Act for the Punishment of Family Violence`` and ``Act for the Prevention of Family Violence and the Protection of Victims``, were enacted in Nov. 1997 and enforced in July, 1998. ``Special Act for the Punishment of Family Violence`` was amended in Dec. 1998 by the efforts of women`s organization. The enactment of the special Acts for prevention of family violence provoked the social concern to the problem of family violence, which was regarded as the personal matter within the family so far, to be a social matter. Movement was made positively for social responsibility and role for violence extermination within the family. For a long time, the women and children were not treated as individual human beings, but recognized as possessions of husband or father under patriarchism of protecting and supporting them. Family violence to wife and child by a husband might always happen under this patriarchism. Systematized of division of the public law and the private law since the modern age, the nation would not step into the family affairs because the family was regarded by privacy matter. Family violence was consciously neglected and any social blame and punishment were not made for it. It was treated as a quarrel or matter of man and wife. With the recognition that the personal is the politic, there has been a growing reflection not to neglect the basic human right and the dignity of human in the family relations between husband and wife, parents and child. So it must secure the dignity of human and the right of pursuit happiness personally. Especially, the problem of family violence is not a protective object of privacy at all. The enactment of these laws means that the family violence is accepted as the social problem rather than the privacy one. So, one can report the crime of family violence, not as another`s matter any more but as a social creme suppressed by the public power. It brings the recognition change of the people to the family violence. This recognition change makes a possibility of an early discovery of the family violence and gets the victims help from the relevant organization by revealing it. It has an effect of prevention against the family violence by punishing assaulters and giving a disadvantage to them. Also, early intervention of police can prevent the case of family violence to be deepened, diffused and developed to a serious criminal case and to make an assaulter, The thevictims of the family violence take part in the correction, edification programs such as consultation, remedy order and have social support.
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