유럽의 가정폭력범죄 대응정책에 관한 검토

Study of European Politick for Crimes of Domestic Violence

This paper analyzes the current criminal politick and practice on domestic violence in europe. Under the current criminal justice system the victims does not have effective measures for their protection against repeated violence. And the judicial dispositions on the offenders cannot contribute to deter the danger of repeated violence. Our measures to cope with domestic violence mostly focus on criminal law aspects. Amendment is needed, which refers to “Gewaltschutzgesetz” of Germany which is a special rule for civil disposition with regards to domestic violence. “Gewaltschutzge-setz” which Germany introduced in 2002 has characteristic as comprehensive law cov-ering civil law·criminal law and other areas although it addresses mainly violence crimes. In this law, major civil disposition against a domestic violence perpetrator is depriving him/her of the right to residence and ordering him/her to leave it, which has been very effective in preventing domestic violence. Our current Act on the Crimes of Domestic Violence also adopts a victim protection order, one of civil dispositions, but it fails to do a main function. It is a mere sub-sidiary disposition in the whole legal framework. Thus, civil measures based on essen-tial characteristic of domestic violence crimes are needed as effective measures against domestic violence crimes. The Act on the Crimes of Domestic Violence needs to be combined with the Act on the Prevention of Domestic Violence and Protection, etc. of Victims with a civil protection order as the main content.