A Gender-Sensitive Analysis of Precedents related to Violence against Women

A gender-sensitive analysis of precedents related to violence against women is expected to resolve male-centered social norms while addressing the power imbalance between men and women, thus setting a direction for a more balanced life for men and women. It should also contribute to ensuring the human rights of women, who constitute the majority of violence victims, as well as to actualize the vision of Article 10 of the Korean Constitution: “All citizens shall be assured of human worth and dignity.” With the progress in laws relating to women and the family, a number of precedents dealing with violence against women have been accumulated. However, there has yet to be a quantitative study analyzing these precedents in earnest, let alone one providing suggestions for improvement. In this study, a gender-sensitive approach will be applied in order to analyze precedents concerning violence against women, particularly sexual and domestic violence, and to propose a number of legislative tasks. This study addresses the history of laws related to violence against women, changes in the way these laws have been applied, a gender-sensitive analysis of precedents concerning sexual and domestic violence, and suggestions for legislative tasks. Several methods were employed in the study, including a literature review, collection and analysis of precedents relating to sexual and domestic violence, workshops on the respective topics of precedents relating to violence against women, and expert meetings seeking advisement. Regarding precedents for sexual violence, 705 cases of rape and forced indecent acts brought to courts of third instance between 2000 and 2013 were analyzed. For precedents regarding domestic violence, 56 family protection cases focusing on violence, injuries and assaults by spouses and 582 additional criminal cases were analyzed from a gender-sensitive perspective. From a gender-sensitive perspective, legislative tasks proposed based on the sexual violence precedents include the prescription of all acts of non-consensual sexual contact, even in the absence of manifest physical resistance, and the refinement of sexual violence laws. Legislative tasks proposed based on domestic violence precedents include a change in the legislative paradigm for laws addressing special cases of domestic violence and actualization of punishment levied on domestic violence crimes. Other suggestions include expanding awareness of gender sensitivity and human rights sensitivity among law enforcement officials.