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ACT ON SPECIAL CASES CONCERNING THE PUNISHMENT OF CRIMES OF DOMESTIC VIOLENCE — 법갈피

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ACT ON SPECIAL CASES CONCERNING THE PUNISHMENT OF CRIMES OF DOMESTIC VIOLENCE

법률타법개정시행 2025-10-23법무부 · 제20929호 · 공포 2025-04-22

CHAPTER I GENERAL PROVISIONS

Article 1(Purpose) #

The purpose of this Act is to help restore the peace and stability of a family destroyed by criminal domestic violence, maintain a healthy family environment and protect the human rights of victims and their family members, by providing for special provisions on procedures for the punishment of criminal domestic violence and by issuing protective orders to change an environment for the persons who have committed criminal domestic violence and to correct their personality and behaviors.

[This Article Wholly Amended on Apr. 12, 2011]

Article 2(Definitions) #

The terms used in this Act are defined as follows: <Amended on Jul. 25, 2011; Aug. 4, 2011; Jan. 17, 2012; Dec. 30, 2014; Jan. 6, 2016; Oct. 20, 2020>

1. The term "domestic violence" means actions inflicting physical or psychological harm or damage to the property of family members;

2. The term "family member" means any of the following persons:

(a) A spouse (including persons in a de facto marital relationship; hereinafter the same shall apply) or former spouse;

(b) A current or former lineal ascendant or descendant to himself or herself or his or her spouse (including those in a de facto parent-child relationship by adoption; hereinafter the same shall apply);

(c) A person currently or formerly in a relationship between step-parents and offspring or in a relationship between a father's legal wife and the child of a mistress;

(d) A relative living together;

3. The term "criminal domestic violence" means any of the following crimes:

(a) Crimes prescribed in Articles 257, 258, 258-2, 260 (1) and (2), 261, and 264, among the crimes of inflicting bodily injury and violence in Chapter XXV of PART II of the Criminal Act;

(b) Crimes prescribed in Articles 271 (1) and (2), 272, 273, and 274, among the crimes of abandonment and abuse in Chapter XXVIIl of PART II of the Criminal Act;

(c) Crimes prescribed in Articles 276, 277, 278, 279, and 280, among the crimes of false arrest and illegal confinement in Chapter XXIX of PART II of the Criminal Act;

Article 3-2(Concurrent imposition of punishment and order to attend educational programs) #

(1) Where a court declares a domestic violence offender guilty (excluding suspension of sentence) or notifies a summary order to such offender, it may issue to him or her an order to attend an educational program (referring to an order to attend an educational program under the Act on Probation; hereinafter the same shall apply) or an order to complete a domestic violence offender treatment program (hereinafter referred to as "order to complete a program") for up to 200 hours, concurrently with such sentence, as may be necessary to prevent recidivism.

(2) Where a court suspends the execution of a sentence for a domestic violence offender, it shall concurrently issue an order to attend an educational program under paragraph (1) within the period of the suspended execution; and where it sentences such offender to imprisonment or a fine or notifies a summary order to such offender, it shall concurrently issue an order to complete a program.

(3) Where a court suspends the execution of a sentence for a domestic violence offender, it may issue either of probation order or community service order or both orders within the period of the suspended execution, concurrently with an order to attend an educational program issued under paragraph (1).

(4) An order to attend an educational program or to complete a program under paragraph (1) shall be executed within the period of the suspended execution where the execution of a sentence is suspended; within the period of punishment, where imprisonment with labor is sentenced; and within six months from the day the sentence is made final and conclusive where punishment of a fine is sentenced or a summary order is notified, respectively.

(5) An order to attend an educational program or to complete a program under paragraph (1) shall be executed by the head of a probation office where such order is issued concurrently with the suspended execution of a sentence or with the sentence of punishment of a fine, and by the head of a correctional facility where such order is issued concurrently with sentence of imprisonment with labor; provided, where no sentence can be executed on account of the release or parole of the relevant person, or inclusion of the number of days of pre-trial detention, etc. before the order to complete a program issued concurrently with a sentence of imprisonment with labor is fully executed, part of the order to complete a program not yet fulfilled shall be executed by the head of a probation office.

(6) An order to attend an educational program or to complete a program under paragraph (1) shall consist of the following:

1. Diagnosis of and counseling on domestic violence behaviors;

2. Education for developing an appropriate attitude as a family member;

3. Other matters necessary to prevent recidivism of a crime by a domestic violence offender.

(7) Except as provided in this Act, the Act on Probation shall apply mutatis mutandis to a probation order, a community service order, an order to attend an educational program, and an order to complete a program that are issued concurrently with punishment.

[This Article Added on Oct. 20, 2020]

Article 4(Duty to report) #

(1) Any person who has become aware of criminal domestic violence may report the fact to an investigative agency.

(2) Where any of the following persons becomes aware of criminal domestic violence in the course of performing his or her duties, he or she shall promptly report the fact to an investigative agency in the absence of justifiable grounds: <Amended on Jan. 17, 2012; Dec. 30, 2014; Apr. 22, 2025>

1. The employees and heads of institutions in charge of the education and protection of children;

2. The heads of medical institutions and medical personnel in charge of the treatment, etc. of children, senior citizens aged at least 60, or persons who lack normal judgment;

3. The employees and heads of welfare facilities for senior citizens prescribed in the Welfare of Senior Citizens Act, welfare facilities for children prescribed in the Child Welfare Act and welfare facilities for disabled persons prescribed in the Act on Welfare of Persons with Disabilities;

4. The professionals and head of a support center for multi-cultural families under the Multicultural Families Support Act;

5. International marriage brokers and their employees under the Marriage Brokers Business Management Act;

6. Crew members of rescue units and first-aid units under the Framework Act on Firefighting Services;

7. Public officials in exclusive charge of social welfare under the Social Welfare Services Act;

8. The employees and heads of healthy home support centers under the Framework Act on Healthy Families and family centers under Article 35-2.

(3) When any counselor and the head of a child counseling center prescribed in the Child Welfare Act, a domestic violence counseling center or shelter prescribed in the Act on the Prevention of Domestic Violence and Protection of Victims, or a counseling center for the victims of sexual violence or protection facility prescribed in the Sexual Violence Prevention and Victims Protection Act (hereinafter referred to as "counseling centers, etc.") become aware of criminal domestic violence after counseling a victim or his or her legal representative, they shall promptly report such crime, in the absence of the victim’s explicit objections. <Amended on Jan. 17, 2012; Oct. 31, 2017>

(4) No one shall accord any disadvantage to any person who has reported criminal domestic violence under paragraphs (1) through (3) (hereinafter referred to as "informant") on the ground of such reporting.

[This Article Wholly Amended on Apr. 12, 2011]

Article 29(Ad hoc measures) #

(1) A judge may take any of the following ad hoc measures against a domestic violence offender by ruling, where deemed necessary for the smooth investigation and examination of a home protection case or for the protection of a victim: <Amended on Oct. 20, 2020>

1. Eviction, etc. from a room, in which the victim or family members live, or a room occupied thereby, to isolate the offender from the victim;

2. A restraining order to stay at least 100 meters away from the victim or family members or their residence or place of work, etc.;

3. A ban on approaching the victim or family members through telecommunications under subparagraph 1 of Article 2 of the Framework Act on Telecommunications;

4. Admitting the offender into a medical institution or intermediate care center;

5. Confining the offender in a detention center or room of any State police station;

6. Entrusting counseling of the offender to counseling centers, etc.

(2) A judge shall decide on whether to take measures under paragraph (1) against a domestic violence offender accompanied under a warrant to accompany or an offender extradited under Article 13 within 24 hours after the domestic violence offender is compelled to appear in court.

(3) When the court has decided to take measures under paragraph (1), it shall notify prosecutors or the victim of such fact.

(4) After the court has taken measures under paragraph (1) 4 or 5, it shall notify the fact to an assistant, if any, or a person designated by a legal representative or the offender, if not. In such cases, when the court has taken measures under paragraph (1) 5, it shall notify the domestic violence offender that he or she may appoint an assistant, including an attorney-at-law and may file a complaint under Article 49 (1).

(5) A period for taking ad hoc measures under paragraph (1) 1 through 3 shall not exceed two months, and the period for taking ad hoc measures under paragraph (1) 4 through 6 shall not exceed one month; provided, the court may rule to extend the period for ad hoc measures under paragraph (1) 1 through 3 on up to two occasions and ad hoc measures under paragraph (1) 4 through 6 only once within the specified period, where deemed necessary to protect a victim. <Amended on Oct. 20, 2020>

(6) When an offender is committed to a medical institution, etc. under paragraph (1) 4, the court may impose necessary measures on the head of the medical institution, etc. for the protection of the offender.

(7) When the court intends to admit an offender to a medical institution, etc. operated by civilians, it shall make prior notification to the head of such institution, etc. of the measures to be imposed under paragraph (6) and obtain his or her consent thereto.

(8) The head of a counseling center, etc. who has provided counseling under paragraph (1) 6 shall submit a report on the results thereof to a judge and a prosecutor. <Added on Oct. 20, 2020>

(9) When a judge has decided to take ad hoc measures under each subparagraph of paragraph (1), he or she may have home protection case investigators, court officials, judicial public officers or correctional public officials under the jurisdiction of a detention center implement such measures. <Amended on Oct. 20, 2020>

(10) A domestic violence offender, or his or her legal representative or assistant may file a request for the revocation of a decision to take ad hoc measures under paragraph (1) or for the change of the type of such measures. <Amended on Oct. 20, 2020>

(11) A judge may rule to revoke the relevant ad hoc measures or change the type of such measures ex officio, or where he or she deems that requests made under paragraph (10) have justifiable grounds to the contrary. <Amended on Oct. 20, 2020>

(12) Standards for medical institutions, intermediate care centers, counseling centers, etc. to which relevant tasks are entrusted under paragraph (1) 4 and 6 and other necessary matters shall be prescribed by the Supreme Court Regulations. <Amended on Oct. 20, 2020>

[This Article Wholly Amended on Apr. 12, 2011]

Article 40(Decision on protective orders) #

(1) A judge may rule to issue any of the following dispositions, where a protective order is deemed necessary after a hearing: <Amended on Dec. 13, 2022>

1. Restrictions on a domestic violence offender's access to the victims or family members;

2. Restrictions on a domestic violence offender's access to the victims or family members through telecommunications under subparagraph 1 of Article 2 of the Framework Act on Telecommunications;

3. Restrictions on a domestic violence offender’s exercise of parental authority over the victims;

4. Order for community service or a lecture under the Act on Probation;

5. Probation under the Act on Probation;

6. Entrustment to facilities for custody established under the control of the Minister of Justice or to protective facilities determined by the Minister of Justice;

7. Entrustment of the treatment of offenders to medical institutions;

8. Entrustment of the counseling for offenders to counseling centers, etc.

(2) A disposition prescribed in each subparagraph of paragraph (1) may be imposed concurrently.

(3) Where a disposition is imposed under paragraph (1) 3, the victims may be sent to other parental guardians, relatives or appropriate facilities.

(4) If the court has decided to issue a protective order, it shall notify the fact to a prosecutor, domestic violence offender, victim, probation officer, and the head of a protective facility, medical institution or counseling center, etc., which is entrusted with the performance of a protective order (hereinafter referred to as "entrusted institutions") without delay; provided, where it is a private institution, the court shall obtain consent from the head of the institution to such entrustment.

(5) Where a disposition is imposed under paragraph (1) 4 through 8, it shall send reference materials necessary for the correction of domestic violence offenders to probation officers or the heads of entrusted institutions.

(6) Institutions entrusted with the custody of domestic violence offenders under paragraph (1) 6 shall provide them with education necessary to correct their personality and behaviors.

[This Article Wholly Amended on Apr. 12, 2011]

Article 55-2(Victim protective orders) #

(1) If deemed necessary to protect a victim, a judge may rule to issue any of the following victim protective orders against a domestic violence offender, at the request of a victim, his or her legal representative, or a prosecutor: <Amended on Oct. 20, 2020>

1. Eviction, etc. from a room, in which victims or family members live, or a room occupied thereby, to isolate the offender from the victim;

2. A restraining order to stay at least 100 meters away from the victim or family members or their residence or place of work, etc.;

3. A ban on approaching the victim or family members through telecommunications under subparagraph 1 of Article 2 of the Telecommunications Business Act;

4. Restrictions on the exercise of parental authority against the domestic violence offender with parental authority;

5. Restrictions on the exercise of rights to visitation with the victim by the domestic violence offender.

(2) A victim protective order prescribed in paragraph (1) may be issued concurrently.

(3) A victim, his or her legal representative, or a prosecutor may request the revocation of a victim protective order issued under paragraph (1) or change of the type thereof. <Amended on Oct. 20, 2020>

(4) A judge may decide to revoke the relevant victim protective order or change the type of such order, either ex officio or where a request made under paragraph (3) is deemed to have merit.

(5) If deemed necessary for the protection of a victim, the court may request a prosecutor to take measures to protect the victim from danger, as described in any of the following subparagraphs, for a fixed period either at the request of the victim or his or her legal representative or ex officio. In such cases, the prosecutor may request the chief of a police station having jurisdiction over the residence or current location of the victim to take measures to protect the victim from danger, and the chief of the police station shall comply therewith in the absence of justifiable grounds: <Added on Dec. 30, 2014>

1. Measures to protect a victim who appears in court to be present at the hearings of a home protection case, victim protective order case or other family litigation procedures in which the other party is the domestic violence offender;

2. Measures to protect a victim who exercises his or her right to visit his or her child;

3. Other measures prescribed by Presidential Decree to protect the victim from danger.

(6) Other matters necessary to take the measures to protect victims from danger under paragraph (5), including the method, period and procedures for execution, shall be prescribed by Presidential Decree. <Added on Dec. 30, 2014>

[This Article Added on Jul. 25, 2011]

[Title Amended on Dec. 30, 2014]

Article 63(Non-compliance with protective orders) #

(1) Any of the following domestic violence offenders shall be punished by imprisonment with labor for up to two years, by a fine of up to 20 million won, or by misdemeanor imprisonment: <Amended on Jan. 17, 2012>

1. A domestic violence offender who fails to comply with the protective order after a protective order prescribed in any of subparagraphs 1 through 3 of Article 40 (1) has been finalized;

2. A domestic violence offender who fails to comply with a victim protective order issued under Article 55-2 or ad hoc protective order issued under Article 55-4.

(2) A domestic violence offender who fails to comply with any ad hoc measure specified in Article 29 (1) 1 through 3 without good cause shall be punished by imprisonment with labor for not more than one year, by a fine not exceeding 10 million won, or by misdemeanor imprisonment. <Added on Oct. 20, 2020>

(3) A domestic violence offender who habitually violates paragraphs (1) and (2) shall be punished by imprisonment with labor for up to three years or by a fine of up to 30 million won. <Added on Jan. 17, 2012; Oct. 20, 2020>

(4) Where a person to whom an order to complete a program has been issued pursuant to Article 3-2 (1) receives a warning in accordance with the Act on Probation or the Administration and Treatment of Correctional Institution Inmates Act due to his or her failure to follow an instruction to comply with an order to complete a program from the head of a probation office or the head of a correctional facility, and further fails to comply with such instruction to comply with the order without good cause, such person shall be punished as follows: <Added on Oct. 20, 2020>

1. Where punishment by a fine is concurrently imposed, the person shall be punished by a fine not exceeding five million won;

2. Where imprisonment with labor is concurrently imposed, the person shall be punished by imprisonment with labor for not more than one year or by a fine not exceeding 10 million won.

[This Article Wholly Amended on Jul. 25, 2011]

ACT ON SPECIAL CASES CONCERNING THE PUNISHMENT OF CRIMES OF DOMESTIC VIOLENCE

Article 1(Purpose) #

Article 2(Definitions) #

Article 3(Relationship to other statutes) #

Article 3-2(Concurrent imposition of punishment and order to attend educational programs) #

Article 4(Duty to report) #

Article 5(Emergency measures against criminal domestic violence) #

Article 6(Special provisions on complaints) #

Article 7(Judicial public officers' transfer of cases) #

Article 8(Request for ad hoc measures) #

Article 8-2(Urgent ad hoc measures) #

Article 8-3(Request for urgent ad hoc measures and ad hoc measures) #

Article 9(Handling home protection cases) #

Article 9-2(Suspension of indictment on condition of counseling) #

Article 10(Jurisdiction) #

Article 11(Transfer by prosecution) #

Article 12(Transfer by court) #

Article 13(Treatment of domestic violence offenders in cases of transfer) #

Article 14(Warrant of transfer) #

Article 15(Transfer) #

Article 16(Effect of protective order) #

Article 17(Suspension of prescription of public prosecution and its effect) #

Article 18(Duty of confidentiality) #

Article 18-2(Mutatis mutandis application of Criminal Procedure Act) #

Article 19(Direction of investigations and hearings) #

Article 20(Investigators of home protection cases) #

Article 21(Investigation orders) #

Article 22(Seeking expert opinions) #

Article 23(Notification of rights not to make statements) #

Article 24(Summons and warrant of accompanying) #

Article 25(Emergency warrant of accompanying) #

Article 26(Form of warrant of accompanying) #

Article 27(Execution of warrant of accompanying) #

Article 28(Assistant) #

Article 29(Ad hoc measures) #

Article 29-2(Implementation of ad hoc measures) #

Article 30(Setting of hearing date) #

Article 31(Change of hearing date) #

Article 32(Closed hearing) #

Article 33(Victims' rights to state opinions) #

Article 34(Witness examination, appraisal, interpretation and translation) #

Article 35(Verification, seizure, and search) #

Article 36(Cooperation and assistance) #

Article 37(Decision not to take measures) #

Article 38(Period of disposition) #

Article 39(Provisions for delegation) #

Article 40(Decision on protective orders) #

Article 41(Period of protective orders) #

Article 42(Confiscation) #

Article 43(Execution of protective orders) #

Article 44(Submission of reports and opinions) #

Article 45(Changes to protective orders) #

Article 46(Revocation of protective orders) #

Article 47(Termination of protective orders) #

Article 48(Bearing expenses) #

Article 49(Complaints) #

Article 50(Filing of written complaints) #

Article 51(Appellate trial) #

Article 52(Further complaints) #

Article 53(Non-suspension of execution) #

Article 54(Transfer of records on concluded cases) #

Article 55(Jurisdiction over victim protective order cases) #

Article 55-2(Victim protective orders) #

Article 55-3(Period of victim protective orders) #

Article 55-4(Ad hoc protective orders) #

Article 55-5(Investigation of compliance) #

Article 55-6(Joint hearings) #

Article 55-7(Application mutatis mutandis) #

Article 55-8(Complaints or further complaints) #

Article 55-9(Provisions for delegation) #

Article 56(Application for compensation) #

Article 57(Compensation orders) #

Article 58(Issuance of compensation orders) #

Article 59(Rejection of application) #

Article 60(Objection to judgment) #

Article 61(Effect of compensation order and compulsory execution) #

Article 62(Mutatis mutandis application of other statutes) #

Article 63(Non-compliance with protective orders) #

Article 64(Violation of confidentiality) #

Article 65(Administrative fines) #