한국의 부부간 심리적 폭력의 실태와 형사정책적 함의

Psychological violence between spouses and its implications for criminal justice policy in Korea

This article aims at improving Korean criminal justice policy on domestic violence through adopting Evan Stark s theory of coercive control. It introduces U.K. s Serious Crime Act 2015 which fully implemented Stark s concept of coercive control into its criminal law regime, and compares its underlying philosophy with that of Korean domestic violence laws. It also discusses the result of 2016 national survey which examined the reality of psychological violence between spouses in Korea in light of coercive control. Additionally, it analyses the meaning of psychological violence between spouses through the concept of necrophilia from Fromm s psychoanalysis, in order to argue further the importance of understanding the concept of coercive control for the improvement of Korean criminal justice policy on domestic violence issues.