earticle

영어

In this study four types of improvement measures are suggested accordingly. First, the dualistic legal system of domestic violence should be integrated as a single act. It proposes a pluralistic legal framework that encompasses all the measures of domestic violence victim protection, including civil and administrative laws. In addition, the legislation suggests overcoming the confusion related to setting victim protection as the top priority. As an alternative, this study proposed a unified dual system of criminal and protection proceedings, introduction of diversion at each stage, and introduction of a blended sentencing system. Second, this study suggests the changes a paradigm shift in victim protection. Specifically, i) as with the recent legislative trends in the advanced countries in the west, the residential rights of the victims, including children must be secured. ii) For the offenders, a care and custody system which helps prevent recidivism through behavior modification should be developed. Third, the study has proposed a legal basis for construction of a manifold cooperative system that involves the community. Also, it has introduced cases of the United Kingdom and the United States in order to overcome the current situations in Korea that lack linkages among the police, courts, victim protective facilities, and other private organizations. Fourth, this study has suggested an improvement in imposing punishment for violating the urgent temporary measures. Additionally, the author has highlighted the increased need of victim protection when the police intervene. Through these suggestions, the current legal system of domestic violence can overcome the limitations and problems, and it will be able to achieve the ultimate legislative purposes of victim protection and domestic violence control.