Act On The Prevention Of Domestic Violence And Protection, Etc. Of Victims


Published: 2014-05-28

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 Article 1 (Purpose)   print
The purpose of this Act is to prevent domestic violence and to protect and support victims thereof.
[This Article Wholly Amended by Act No. 7952, Apr. 28, 2006]
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 Article 2 (Definitions)   print
The definitions of terms used in this Act shall be as follows:
1. The term "domestic violence" means any act under subparagraph 1 of Article 2 of the Act on Special Cases concerning the Punishment, etc. of Crimes of Domestic Violence;
2. The term "domestic violence offender" means a person under subparagraph 4 of Article 2 of the Act on Special Cases concerning the Punishment, etc. of Crimes of Domestic Violence;
3. The term "victim" means a person who has been directly damaged by domestic violence;
4. The term "child" means a person who is under 18 years of age.
[This Article Wholly Amended by Act No. 8653, Oct. 17, 2007]
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 Article 3 Deleted. <by Act No. 7952, Apr. 28, 2006>   print
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 Article 4 (Duty of State, etc.)   print
(1) The State and a local government shall take each of the following measures to prevent domestic violence and to protect and support victims thereof: <Amended by Act No. 9668, May 8, 2009; Act No. 11981, Jul. 30, 2013>
1. Establishment and operation of a domestic violence reporting system;
2. Investigation, research, education and publicity for the prevention of domestic violence;
3. Establishment and operation of protection facilities for victims, grant of a preferential living right in a rental house and provision of other supportive services for them;
4. Establishment and operation of a cooperation network among related agencies to facilitate the protection of and support to victims;
5. Arrangement of the related Acts and subordinate statutes and the formulation, implementation and evaluation of various policies for the prevention of domestic violence and for the protection of and support to victims;
6. Preparation of safety measures for the protection of victims and employees, such as counselors at emergency call centers under Article 4-6, counselors at counseling centers related to domestic violence under Article 5, counselors at protection facilities for victims of domestic violence under Article 7.
(2) In order to fully perform the duties under paragraph (1), the State and a local government shall take budgetary measures for these purposes.
(3) A Special Metropolitan City, a Metropolitan City, a Do, a Special Self-Governing Province and a Si/Gun/Gu (referring to an autonomous Gu; hereinafter the same shall apply) shall have organizations and public officials in charge of the prevention of domestic violence and protection of and support to victims.
(4) The State and a local government shall foster and support, with a subsidy for expenses, etc., counseling centers related to domestic violence and protection facilities for the victims established and operated under Articles 5 (2) and 7 (2).
[This Article Wholly Amended by Act No. 8653, Oct. 17, 2007]
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 Article 4-2 (Investigation into Actual Conditions of Domestic Violence)   print
(1) The Minister of Gender Equality and Family shall investigate actual conditions of domestic violence every three years, and announce the findings thereof and utilize such findings as basic materials in policy making for the prevention of domestic violence. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 9932, Jan. 18, 2010>
(2) Matters necessary for the method, contents, etc. of investigations into actual conditions of domestic violence under paragraph (1) shall be prescribed by Ordinance of the Ministry of Gender Equality and Family. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 9932, Jan. 18, 2010>
[This Article Wholly Amended by Act No. 8653, Oct. 17, 2007]
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 Article 4-3 (Provision of Education on Prevention of Domestic Violence)   print
(1) National agencies, local governments, principals at all school levels under the Elementary and Secondary Education Act and the heads of public organizations prescribed by Presidential Decree shall provide education necessary for the prevention and avoidance of domestic violence, and submit the outcomes thereof to the Minister of Gender Equality and Family. <Amended by Act No. 10300, May 17, 2010; Act No. 11981, Jul. 30, 2013>
(2) Where prevention education under paragraph (1) is provided, it may be carried out in terms of gender equality by integrating sex education and education to prevent sexual violence under Article 5 of the Sexual Violence Prevention and Victims Protection Act, education to prevent sexual harassment under the Article 31 of the Framework Act on Gender Equality, preventive education against sexual traffic under Article 4 of the Act on the Prevention of Sexual Traffic and Protection, etc. of Victims thereof, and other related education. <Newly Inserted by Act No. 10300, May 17, 2010; Act No. 12327, Jan. 21, 2014; Act No. 12698, May 28, 2014> <<Enforcement Date: Jul. 1, 2015>>
(3) Persons who are not eligible for education under paragraph (1) may receive education necessary for the prevention and avoidance of domestic violence at a counseling center related to domestic violence under paragraph (5) or an educational institution prescribed by Presidential Decree. <Newly Inserted by Act No. 11981, Jul. 30, 2013>
(4) The Minister of Gender Equality and Family shall train professional instructors for the education under paragraph (1), and develop and disseminate educational programs. <Newly Inserted by Act No. 11981, Jul. 30, 2013>
(5) The Minister of Gender Equality and Family shall annually inspect the results of the practice of conducting domestic violence prevention education under paragraph (1), as prescribed by Presidential Decree. <Newly Inserted by Act No. 12327, Jan. 21, 2014>
(6) The Minister of Gender Equality and Family shall take necessary measures, such as special education of managers, against agencies or organizations deemed to have provided insufficient education as a result of inspection under paragraph (5), as prescribed by Presidential Decree. <Newly Inserted by Act No. 12327, Jan. 21, 2014>
(7) The Minister of Gender Equality and Family may require the heads of the relevant agencies or organizations to reflect the results of inspection under paragraph (5) in the following: <Newly Inserted by Act No. 12327, Jan. 21, 2014>
1. Self-evaluation conducted by central administrative agencies and local governments under Articles 14 (1) and 18 (1) of the Framework Act on Public Service Evaluation;
2. Evaluation of business performance of government-owned corporations or quasi-government agencies under Article 48 (1) of the Act on the Management of Public institutions;
3. Management evaluation of local enterprises under Article 78 (1) of the Local Public Enterprises Act;
(8) The Minister of Gender Equality and Family shall officially announce the results of inspection under paragraph (5) via news media, etc., as prescribed by Presidential Decree: Provided, That the foregoing shall not apply where an official announcement is restricted by other Acts. <Newly Inserted by Act No. 12327, Jan. 21, 2014>
(9) Matters necessary for the details and methods of education under paragraph (1), submission of outcomes, etc. shall be prescribed by Presidential Decree. <Newly Inserted by Act No. 11981, Jul. 30, 2013>
[This Article Wholly Amended by Act No. 8653, Oct. 17, 2007]
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 Article 4-4 (Support of School Attendance of Children)   print
(1) Where a victim or a family member accompanied by the victim (referring to a person who is protected or brought up by the victim among the persons under subparagraph 2 of Article 2 of the Act on Special Cases concerning the Punishment, etc. of Crimes of Domestic Violence; hereinafter the same shall apply) is a child, and if the child needs to attend school in a region other than the place of his/her domicile (including admission, readmission, transference, transfer admission into school; hereinafter the same shall apply), the State and a local government shall provide support so that he/she can attend school without difficulty.
(2) Matters necessary for attending school under paragraph (1) shall be prescribed by Presidential Decree.
[This Article Wholly Amended by Act No 8653, Oct. 17, 2007]
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 Article 4-5 (Prohibition of Disadvantage Disposition against Victims)   print
No person who is employing a victim shall dismiss him/her nor give any other disadvantages to him/her in connection with crimes of domestic violence under the Act on Special Cases concerning the Punishment, etc. of Crimes of Domestic Violence.
[This Article Wholly Amended by Act No. 8653, Oct. 17, 2007]
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 Article 4-6 (Establishment and Operation of Emergency Call Centers)   print
(1) The Minister of Gender Equality and Family or a Special Metropolitan City Mayor, a Metropolitan City Mayor, a Do Governor or the Governor of a Special Self-Governing Province (hereinafter referred to as the "Mayor/Do Governor") shall establish and operate emergency call centers in order to perform affairs referred to in the following subparagraphs. In such cases, he/she may separately establish and operate emergency call centers providing foreign language service: <Amended by Act No. 9932, Jan. 18, 2010>
1. Receipt of reports from victims and counseling;
2. Interconnection with related institutions and establishments;
3. Support of emergency rescue to victims.
(2) The Minister of Gender Equality and Family or the Mayor/Do Governor may entrust an institution or an organization prescribed by Presidential Decree with the establishment and operation of an emergency call center pursuant to paragraph (1). <Amended by Act No. 9932, Jan. 18, 2010>
(3) Where the Minister of Gender Equality and Family or the Mayor/Do Governor entrusts the establishment and operation of an emergency call center pursuant to paragraph (2), he/she shall subsidize expenses involved therein. <Amended by Act No. 9932, Jan. 18, 2010>
(4) Matters necessary for the establishment and operation of an emergency call center pursuant to paragraph (1) shall be prescribed by Ordinance of the Ministry of Gender Equality and Family. <Amended by Act No. 9932, Jan. 18, 2010>
[This Article Newly Inserted by Act No. 9668, May 8, 2009]
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 Article 5 (Establishment and Operation of Counseling Centers)   print
(1) The State or a local government may establish and operate a counseling center related to domestic violence (hereinafter referred to as "counseling center").
(2) Any person, other than the State or a local government, who intends to establish and operate a counseling center shall report to the Governor of a Special Self-Governing Province, or the head of a Si/Gun/Gu (the head of a Gu means that of an autonomous Gu; hereinafter referred to as "head of a Si/Gun/Gu").
(3) Matters necessary for the standards of the establishment and operation of counseling centers, the number of counselors therein and the procedures for report thereof, etc. shall be prescribed by Ordinance of the Ministry of Gender Equality and Family. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 9932, Jan. 18, 2010>
[This Article Wholly Amended by Act No. 8653, Oct. 17, 2007]
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 Article 6 (Services of Counseling Centers)   print
The services of a counseling center shall be as follows: <Amended by Act No. 11981, Jul. 30, 2013>
1. Receipt of reports, or consultations, on domestic violence;
1-2. Counsel for persons who report domestic violence or make a request for counsel thereon, and counsel for their family members;
2. Temporary protection of a victim and a family member the victim ac-companies (hereinafter referred to as "victim, etc.") who has difficulty in leading a normal family life and social life due to domestic violence or requires emergency protection, or transferring the victim, etc. to a medical institution or protection facilities for victims of domestic violence under Article 7 (1);
3. Requests for necessary cooperation and support from the Korean Bar Association or local bar associations and legal aid corporations established under the Legal Aid Act (hereinafter referred to as "legal aid corporation") for consultations with respect to legal matters, such as laying charges against domestic violence offenders;
4. Temporary protection of victims, etc. transferred from police stations, etc.;
5. Education and publicity concerning the prevention and avoidance of domestic violence;
6. Other investigations and research on domestic violence and damage therefrom.
[This Article Wholly Amended by Act No. 8653, Oct. 17, 2007]
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 Article 7 (Establishment of Protection Facilities)   print
(1) The State or a local government may establish and operate a protection facility for victims of domestic violence (hereinafter referred to as "protection facility").
(2) A social welfare corporation under the Social Welfare Services Act (hereinafter referred to as "social welfare corporation") and other nonprofit corporations may establish and operate protection facilities with the authorization from the head of a Si/Gun/Gu.
(3) A protection facility shall have a counselor and may have employees, such as life guides, cooks, and janitors, based on the scale of the protection facilities.
(4) Matters necessary for the standards for establishment and operation of protection facilities, the type of occupation and number of employees, including counselors, and the standards for authorization thereof shall be prescribed by Ordinance of the Ministry of Gender Equality and Family. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 9932, Jan. 18, 2010>
[This Article Wholly Amended by Act No. 8653, Oct. 17, 2007]
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 Article 7-2 (Categories of Protection Facilities)   print
(1) Categories of protection facilities shall as follows:
1. Short-term protection facilities: Facilities to protect victims, etc. for a period not exceeding six months;
2. Long-term protection facilities: Facilities to provide victims, etc. with residential convenience, etc. for their self-reliance for a period not exceeding two years;
3. Protection facilities for foreigners: Facilities to protect foreign victims, etc., whose spouse is a national of the Republic of Korea for a period not exceeding two years;
4. Protection facilities for the disabled: Facilities to protect victims, etc., who are disabled persons governed by the Welfare of Disabled Persons Act for a period not exceeding two years.
(2) Heads of short-term protection facilities may extend the protection period only once for victims, etc. who have entered such facilities, within the extent of three months, as prescribed by Ordinance of the Ministry of Gender Equality and Family. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 9932, Jan. 18, 2010>
[This Article Wholly Amended by Act No. 8653, Oct. 17, 2007]
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 Article 7-3 (Persons, etc. subject to Admission to Protection Facilities)   print
(1) A person subject to admission to a protection facility shall be a victim, etc. who falls under any of the following subparagraphs:
1. Where the person in question wishes to be admitted or consents to be admitted to a protection facility;
2. Where a guardian who is not a domestic violence offender consents to admission of an intellectually disabled person or mentally disabled person under Article 2 of the Act on Welfare of Persons with Disabilities, or any other disabled person whose mental capacity is impaired;
3. Where it is deemed inappropriate to obtain the consent of a guardian to admission of an intellectually disabled person or mentally disabled person pursuant to sArticle 2 of the Act on Welfare of Persons with Disabilities, or any other disabled person whose mental capacity is impaired, although he/she is required to be admitted to a protection facility as a result of counseling by a counsellor.
(2) The head of a protection facility, who has obtained authorization pursuant to Article 7 (2), shall report to the head of a Si/Gun/Gu personal details, grounds for admission to protection facilities, etc. of a person who is admitted to the protection facility pursuant to paragraph (1) without delay, and where he/she admits a person falling under paragraph (1) 3 to the protection facility, he/she shall obtain the approval from the competent head of a Si/Gun/Gu without delay.
[This Article Newly Inserted by Act No. 9668, May 8, 2009]
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 Article 7-4 (Discharge from Protection Facilities)   print
A person who has been admitted to a protection facility pursuant to Article 7-3 may be discharged from such the protection facility at his/her own will or at the request of a guardian who consented to admission of him/her to the protection facility pursuant to paragraph (1) 2 of the same Article, and the head of a protection facility may, where a person who was admitted to the protection facility falls under any of the following subparagraphs, order discharge of him/her from the protection facility:
1. Where the purpose of protection has been accomplished;
2. Where a period of protection has been terminated;
3. Where a resident has been admitted to a protection facility by fraud or other unjust means;
4. Where a resident has committed an act that disturbs order noticeably in the protection facility.
[This Article Newly Inserted by Act No. 9668, May 8, 2009]
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 Article 7-5 (Support of Protection Expenses for Protection Facilities)   print
(1) Where necessary for the protection of a victim who has been admitted to a protection facility or family members accompanied by the victim, the State or a local government may support each of the following expenses of protection to the head of the protection facility or the victim: Provided, That where a victim who has been admitted to a protection facility or a family member accompanied by the victim is protected pursuant to other Acts and subordinate statutes, such as the National Basic Living Security Act, the support under this Act shall not be provided within such scope of protection: <Amended by Act No. 11981, Jul. 30, 2013>
1. Costs of living;
2. Expenses incurred in providing assistance in the education of children;
3. Expenses incurred in providing childcare;
4. Expenses incurred in relation to vocational training;
5. Other expenses prescribed by Presidential Decree.
(2) Matters necessary for the methods, procedures, etc. for supporting protection expenses under paragraph (1) shall be prescribed by Ordinance of the Ministry of Gender Equality and Family.
[This Article Newly Inserted by Act No. 10038, Feb. 4, 2010]
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 Article 8 (Services of Protection Facilities)   print
(1) A protection facility shall provide the following services to victims, etc.: Provided, That a protection facility may choose not to provide part of the services except those under subparagraph 1 to family members accompanied by a victim, and a long-term protection facility may choose not to provide services under subparagraphs 1 through 5 (excluding the services of providing dwelling) to victims, etc.: <Amended by Act No. 11832, May 28, 2013>
1. Boarding and lodging;
2. Counseling and treatment for psychological stability and social adaptation;
3. Medical support, including transfer. etc. to medical institutions for disease treatment and health care (including physical examinations within one month from the time a victim, etc. is admitted into a protection facility);
4. Accompanying in investigations by criminal investigation agencies and witness examinations by courts of justice;
5. Requests for necessary cooperation and support from legal aid institutions, etc.;
6. Providing education on self-reliance and self-support and employment information;
7. Matters entrusted to a protection facility under other Acts;
8. Other services necessary for the protection of a victim, etc.
(2) Any person who establishes and operates a protection facility for the disabled shall, in providing services falling under any subparagraph of paragraph (1), render any appropriate assistance in consideration of the characteristics of the disabled.
(3) Heads of protection facilities may charge domestic violence offenders for compensation for all or part of expenses incurred in providing services falling under any subparagraph of paragraph (1). In such cases, the procedures for charging for compensation shall follow the practices of dispositions on default of national or local taxes.
[This Article Wholly Amended by Act No. 8653, Oct. 17, 2007]
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 Article 8-2 (Qualification Standards for Employees of Emergency Call Centers, Counseling Centers and Protection Facilities)   print
(1) No person who falls under any of the following subparagraphs shall become the head of an emergency call center, a counseling center or a protection facility, or an employee of an emergency call center, a counseling center and a protection facility: <Amended by Act No. 9668, May 8, 2009>
1. A minor, an incompetent or a quasi-incompetent;
2. A person who was declared bankrupt and has not been reinstated;
3. A person who was sentenced to imprisonment without labor or heavier punishment, but the execution has neither been completed (including where the execution is deemed completed) nor exempted.
(2) Any counselor serving in an emergency call center, a counseling center or protection facilities shall be a person who satisfies the requirements prescribed by Ordinance of the Ministry of Gender Equality and Family and who has completed the education and training courses for counselors prescribed by Ordinance of the Ministry of Gender Equality and Family in the education and training facilities for counselors related to domestic violence under Article 8-3. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 9668, May 8, 2009; Act No. 9932, Jan. 18, 2010>
(3) Other matters necessary for the qualification standards of employees serving in emergency call centers, counseling centers and protection facilities shall be prescribed by Ordinance of the Ministry of Gender Equality and Family. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 9668, May 8, 2009; Act No. 9932, Jan. 18, 2010>
[This Article Wholly Amended by Act No. 8653, Oct. 17, 2007]
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 Article 8-3 (Education and Training Facilities for Counselors related to Domestic Violence)   print
(1) The State or a local government may establish and operate education and training facilities for counselors related to domestic violence (hereinafter referred to as "education and training facilities") to provide education and training to counselors (including persons who intend to become counselors).
(2) Any person who falls under any of the following subparagraphs and intends to establish education and training facilities shall report to the head of a Si/Gun/Gu:
1. An educational foundation establishing and operating a school under the Higher Education Act;
2. A legal aid corporation;
3. A social welfare corporation;
4. Any other nonprofit corporations.
(3) Matters necessary for the establishment standards for education and training facilities, the qualifications and the number of instructors working therein, the operation standards for counselor education and training courses and the report procedures, etc. shall be prescribed by Ordinance of the Ministry of Gender Equality and Family. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 9932, Jan. 18, 2010>
[This Article Wholly Amended by Act No. 8653, Oct. 17, 2007]
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 Article 8-4 (Execution of Supplementary Education)   print
(1) The Minister of Gender Equality and Family or the Mayor/Do Governor shall conduct supplementary education in order to improve the quality of employees of emergency call centers, counseling centers and protection facilities. <Amended by Act No. 9932, Jan. 18, 2010>
(2) The Minister of Gender Equality and Family or the Mayor/Do Governor may entrust affairs concerning education pursuant to paragraph (1) to a university or a junior college pursuant to Article 2 of the Higher Education Act or specialized institutions prescribed by Presidential Decree. <Amended by Act No. 9932, Jan. 18, 2010>
(3) Detailed matters necessary for a period, methods and details of supplementary education pursuant to paragraph (1) shall be prescribed by Ordinance of the Ministry of Gender Equality and Family. <Amended by Act No. 9932, Jan. 18, 2010>
[This Article Newly Inserted by Act No. 9668, May 8, 2009]
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 Article 8-5 (Grant of Preferential Living Right in Rental House)   print
Matters necessary for the selection standards and methods, etc. of persons subject to grant of a preferential living right in a rental house prescribed in Article 4 (1) 3 shall be prescribed by Presidential Decree.
[This Article Newly Inserted by Act No. 9668, May 8, 2009]
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 Article 9 (Obligation of Respect for Victim's Will)   print
No head of any counseling center or protection facilities shall protect victims, etc. as provided in Articles 8 (1) and 18 against the explicit will of such victims, etc.
[This Article Wholly Amended by Act No. 8653, Oct. 17, 2007]
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 Article 9-2 (Cooperation from Investigative Agencies)   print
Where any need arises for the urgent rescue of a victim or employee, such as a counselor, etc., the head of an emergency call center, counseling center or protection facility may request the head of a competent police station to have a staff member under his/her control accompany. In such cases, the head of a police station in receipt of such request shall comply therewith, except in extenuating circumstances. <Amended by Act No. 11981, Jul. 30, 2013>
[This Article Newly Inserted by Act No. 10300, May 17, 2010]
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 Article 9-3 (Production, Distribution, etc. of Promotional Pictures and Videos)   print
(1) In order to prevent and avoid domestic violence, the Minister of Gender Equality and Family shall produce promotional pictures and videos regarding the danger of domestic violence, assistance to victims of domestic violence, etc., and distribute them to broadcasting business operators under subparagraph 3 of Article 2 of the Broadcasting Act. <Amended by Act No. 11832, May 28, 2013>
(2) The Minister of Gender Equality and Family may request the terrestrial broadcasting business operators under subparagraph 3 (a) of Article 2 of the Broadcasting Act (hereafter referred to as "broadcaster" in this Article) to air promotional pictures and videos through each channel within the percentage of non-commercial public service advertisements to be aired prescribed by Presidential Decree as prescribed in Article 73 (4) of the same Act. <Amended by Act No. 11690, Mar. 23, 2013; Act No. 11832, May 28, 2013>
(3) Broadcasters may independently produce and air promotional pictures and videos in addition to the promotional pictures and videos under paragraph (1). In such cases, they may request the Minister of Gender Equality and Family for necessary cooperation and support. <Amended by Act No. 11832, May 28, 2013>
[This Article Newly Inserted by Act No. 10300, May 17, 2010]
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 Article 9-4 (On-Site Investigations, etc. by Judicial Police Officers)   print
(1) A judicial police officer shall visit the scene of domestic violence without delay if a domestic violence offense report is received.
(2) A judicial police officer who responds to a domestic violence offense report pursuant to paragraph (1) may visit the reported scene of domestic violence to protect victims or visit relevant places to inspect relevant persons or ask them questions for investigation of such case.
(3) No domestic violence offender shall obstruct the duties of a judicial police officer, such as rejecting on-site investigations by the judicial police officer under paragraph (2).
(4) A judicial police officer who enters a scene of domestic violence, investigates a case or asks questions pursuant to paragraph (2) shall carry a certificate indicating his/her authority and produce it to interested parties.
(5) The head of an investigative agency may request the head of an emergency call center, counseling center or protection facility to go together to a scene of domestic violence, and the head of an emergency call center, counseling center or protection facility who receives such request shall dispatch an affiliated counselor to the scene of domestic violence, except in extenuating circumstances.
(6) A judicial police officer who investigates a case of domestic violence or asks questions pursuant to paragraph (2) shall take necessary measures, such as investigating the case in a place separated from the domestic violence offender so that the victim, reporter, witness, etc. may freely make a statement, etc.
[This Article Wholly Amended by Act No. 11981, Jul. 30, 2013]
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 Article 10 (Closure, etc. of Counseling Centers, Protection Facilities, or Education and Training Facilities)   print
If the head of a counseling center, protection facility, or education and training facility under Article 5 (2), 7 (2) or 8-3 (2) intends to suspend the operation of the said facility temporarily or close it, he/she shall report it to the head of a Si/Gun/Gu, as prescribed by Ordinance of the Ministry of Gender Equality and Family. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 9932, Jan. 18, 2010>
[This Article Wholly Amended by Act No. 8653, Oct. 17, 2007]
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 Article 11 (Supervision)   print
(1) The Minister of Gender Equality and Family or the head of a Si/Gun/Gu may require the head of a counseling center, protection facility, or education and training facility to make a necessary report on the facility concerned and have competent public officials investigate the conditions of operation of the facilities concerned or inspect account books and other documents. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 9932, Jan. 18, 2010>
(2) A competent public official performing the duties under paragraph (1) shall bear a certificate indicating the relevant authority and produce it to the persons concerned.
[This Article Wholly Amended by Act No. 8653, Oct. 17, 2007]
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 Article 12 (Cancellation of Authorization, etc.)   print
(1) Where a counseling center, protection facility, or education and training facility fall under any of the following subparagraphs, the head of a Si/Gun/Gu may issue orders for closure of the facility, discontinuance of services or suspension of services for a period not exceeding six months, or cancel authorization therefor:
1. Where the facility fails to meet the standards for establishment or operation under Article 5 (3), 7 (4) or 8-3 (3);
2. Where the facility fails to meet the requirements for the number of counselors or instructors under Article 5 (3), 7 (4), 8-2 or 8-3 (3) or employes an unqualified person;
3. Where the facility fails to make a report under Article 11 (1), makes a false report, or refuses or evades an investigation and inspection by a competent public official;
4. Where a counseling center, protection facility, or education and training facility has been established or operated for making profits in violation of Article 15.
(2) Detailed standards concerning orders for suspension and discontinuance of services or closure of facilities, or the revocation of authorization under paragraph (1) shall be prescribed by Ordinance of the Ministry of Gender Equality and Family. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 9932, Jan. 18, 2010>
[This Article Wholly Amended by Act No. 8653, Oct. 17, 2007]
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 Article 12-2 (Hearing)   print
The head of a Si/Gun/Gu shall hold a hearing to order suspension and discontinuance of services or closure of facilities, or revoke authorization under Article 12.
[This Article Wholly Amended by Act No. 8653, Oct. 17, 2007]
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 Article 13 (Subsidy of Expenses)   print
(1) The State or a local government may subsidize part of the expenses for the establishment and operation of counseling centers or protection facilities under Article 5 (2) or 7 (2).
(2) The State or a local government shall subsidize the expenses so that the protection facilities for the disabled can establish equipment and installations meeting the standards prescribed by the Minister of Gender Equality and Family. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 9932, Jan. 18, 2010>
[This Article Wholly Amended by Act No. 8653, Oct. 17, 2007]
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 Article 13-2 (Assessment of Emergency Call Centers, etc.)   print
(1) The Minister of Gender Equality and Family may assess the performance records of emergency call centers, counseling centers and protection facilities every three years and reflect the results thereof into supervision, support, etc. of each facility.
(2) Matters necessary for the criteria, methods, etc. of assessment under paragraph (1) shall be prescribed by Ordinance of the Ministry of Gender Equality and Family.
[This Article Newly Inserted by Act No. 10300, May 17, 2010]
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 Article 14 (Integrated Establishment and Operation of Counseling Centers or Protection Facilities)   print
The State or a local government may establish and operate the integrated counseling centers or protection facilities by integrating counseling centers or protection facilities established and operated under this Act with counseling centers or protection facilities of a similar nature prescribed by Presidential Decree, or recommend to establish and operate such integrated counseling centers or protection facilities. <Amended by Act No. 9668, May 8, 2009>
[This Article Wholly Amended by Act No. 8653, Oct. 17, 2007]
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 Article 15 (Prohibition from Operation for Profit Making)   print
No person shall establish or operate a counseling center, protection facilities, or education and training facilities for making profits: Provided, That the heads of education and training facilities may receive tuition from those who take counselor education and training courses, as prescribed by the Minister of Gender Equality and Family. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 9932, Jan. 18, 2010>
[This Article Wholly Amended by Act No. 7952, Apr. 28, 2006]
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 Article 16 (Obligation of Confidentiality)   print
No person who is or was the head of an emergency call center, a counseling center or protection facilities, or who is or was an assistant to him/her shall reveal confidential information acquired in the course of his/her duty.
[This Article Wholly Amended by Act No. 9668, May 8, 2009]
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 Article 17 (Prohibition of Use of Similar Name)   print
No institution, other than emergency call centers, counseling centers, protection facilities, or education and training facilities under this Act, shall use such name as an emergency call center, a counseling center related to domestic violence, protection facilities for victims of domestic violence, or education and training facilities for counselors related to domestic violence, or any other similar names. <Amended by Act No. 9668, May 8, 2009>
[This Article Wholly Amended by Act No. 8653, Oct. 17, 2007]
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 Article 18 (Medical Care and Protection)   print
(1) A medical institution shall, if requested by a victim, his/her family, acquaintance or the head of an emergency call center, a counseling center or protection facilities, etc., render to victims the following medical care and protection services: <Amended by Act No. 9668, May 8, 2009>
1. Consultation and guidance concerning health;
2. Medical care for physical and mental injuries;
3. Other matters concerning medical care prescribed by Presidential Decree.
(2) Domestic violence offenders concerned shall bear all the expenses incurred in medical care and protection referred to in paragraph (1).
(3) Where a victim applies for reimbursement of expenses for medical care and protection notwithstanding paragraph (2), the State or a local government shall pay expenses involved in medical care and protection referred to in paragraph (1) to a medical institution on behalf of a domestic violence offender.
(4) Where the State or a local government has paid expenses pursuant to paragraph (3), it may claim for compensation to a domestic violence offender: Provided, That the same shall not apply where a victim has received medical care and protection under paragraph (1) while being admitted in a protection facility or where the domestic violence offender falls under any of the following subparagraphs:
2. A disabled person registered under Article 32 of the Act on Welfare of Persons with Disabilities.
(5) Matters necessary for the procedures for the payment of expenses under paragraph (3) and the procedures for exercising the right to indemnity, etc. under paragraph (4) shall be prescribed by Ordinance of the Ministry of Gender Equality and Family. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 9932, Jan. 18, 2010>
[This Article Wholly Amended by Act No. 8653, Oct. 17, 2007]
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 Article 19 (Delegation of Authority)   print
The Minister of Gender Equality and Family may delegate part of his/her authority under this Act to the Mayor/Do Governor, or the head of a Si/Gun/Gu, as prescribed by Presidential Decree. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 9668, May 8, 2009; Act No. 9932, Jan. 18, 2010>
[This Article Wholly Amended by Act No. 8653, Oct. 17, 2007]
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 Article 20 (Penal Provisions)   print
Any of the following persons shall be punished by imprisonment for not exceeding one year or by a fine not exceeding ten million won: <Amended by Act No. 12327, Jan. 21, 2014>
1. A person who has established and operated counseling centers, protection facilities, or education and training facilities without report or authorization under Article 5 (2), 7 (2) or 8-3 (2);
2. A person who has continuously operated counseling centers, protection facilities, or education and training facilities, notwithstanding the orders for suspension and discontinuance of services or closure of facilities under Article 12;
3. A person who has violated the obligation of confidentiality under Article 16.
[This Article Wholly Amended by Act No. 8653, Oct. 17, 2007]
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 Article 21 (Joint Penal Provisions)   print
If the representative of a corporation, or an agent, employee or any other servants of a corporation or individual commits an offense referred to in Article 20 with respect to affairs of the corporation or individual, not only shall the offender be punished but the corporation or individual shall be punished by a fine pursuant to the relevant provisions: Provided, That this shall not apply where the corporation or individual has not neglected to pay due attention to and supervise the relevant affairs in order to prevent such offenses.
[This Article Wholly Amended by Act No. 9668, May 8, 2009]
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 Article 22 (Fines for Negligence)   print
(1) A domestic violence offender who obstructs the performance of duties, such as rejecting, evading, etc. an on-site investigation, in violation of Article 9-4 (3) without justifiable grounds shall be punished by a fine for negligence not exceeding five million won. <Newly Inserted by Act No. 11981, Jul. 30, 2013>
(2) Any of the following persons shall be punished by a fine for negligence not exceeding three million won:
1. A person who fails to make a report under Article 11 (1) without justifiable grounds, makes a false report, or who refuses or evades investigation or inspection;
2. A person who violates prohibition against use of similar names under Article 17.
(3) Fines for negligence under paragraphs (1) and (2) shall be imposed and collected by the Minister of Gender Equality and Family or the heads of Sis/Guns/Gus, as prescribed by Presidential Decree. <Amended by Act No. 8852, Feb. 29, 2008; Act No. 9932, Jan. 18, 2010; Act No. 11981, Jul. 30, 2013>
(4) Deleted. <by Act No. 9668, May 8, 2009>
ADDENDUM
This Act shall enter into force on July 1, 1998.
ADDENDA <Act No. 6400, Jan. 29, 2001>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation. (Proviso Omitted)
Article 2 through 4 Omitted.
ADDENDA <Act No. 7099, Jan. 20, 2004>
(1) (Enforcement Date) This Act shall enter into force on the date of its promulgation.
(2) (Applicability to Failure of State, etc. to Exercise Right to Reimbursement) The amended provisions of the proviso to Article 18 (4) shall apply to those expenses which are paid by the State or a local government in place of domestic violence offenders on or after the date when this Act enters into force.
ADDENDA <Act No. 7413, Mar. 24, 2005>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation: Provided, That the enforcement date of any of the following matters shall be as follows:
1. Articles 2 through 4 of this Addenda shall enter into force on the date on which Presidential Decree concerning the organization of the Ministry of Gender Equality and Family under the amended provisions of Article 42 of the Government Organization Act enters into force within three months after the promulgation of this Act;
2. Omitted.
Articles 2 through 4 Omitted.
ADDENDA <Act No. 7952, Apr. 28, 2006>
(1) (Enforcement Date) This Act shall enter into force six months after the date of its promulgation.
(2) (Transitional Measures concerning Protection Facilities) At the time when this Act enters into force, protection facilities which are authorized by the head of a Si/Gun/Gu under the former provisions shall be deemed to be those provided for by this Act: Provided, That the standards for the establishment, etc. under the amended provisions of Article 7 (4) shall be met according to the categories of protection facilities falling under the amended provisions of any subparagraph of Article 7-2 (1) within one year after this Act enters into force.
(3) (Transitional Measures concerning Qualifications of Counselors) At the time when this Act enters into force, any person who is qualified as a counselor as prescribed by Ordinance of the Ministry of Gender Equality and Family shall be deemed to have completed the whole counselor education or training course under Article 8-2 (2).
(4) (Transitional Measures concerning Education or Training Facilities) At the time when this Act enters into force, an educational foundation establishing and operating a school provided for in the Higher Education Act, a legal aid corporation, a social welfare corporation or any other nonprofit corporation in which a domestic violence-related counselor education course is prepared and implemented as prescribed by Ordinance of the Ministry of Gender Equality and Family shall, in cases of making registration under Article 8-3 (2) of this Act within three months after this Act enters into force, be deemed to do so on the date on which this Act enters into force: Provided, That the standards for the establishment, etc. under the amended provisions of Article 8-3 (3) shall be met within six months after this Act enters into force.
ADDENDA <Act No. 8367, Apr. 11, 2007>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Articles 2 through 6 Omitted.
ADDENDUM <Act No. 8653, Oct. 17, 2007>
This Act shall enter into force on the date of its promulgation.
ADDENDA <Act No. 8852, Feb. 29, 2008>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation. (Proviso Omitted.)
Articles 2 through 7 Omitted.
ADDENDA <Act No. 9668, May 8, 2009>
(1) (Enforcement Date) This Act shall enter into force six months after the date of its promulgation.
(2) (Transitional Measures concerning Previous Employees) Notwithstanding the amended provisions of Article 8-2, the previous provisions shall apply to the qualification standards for employees working in counseling centers and protection facilities before this Act enters into force.
(3) (Transitional Measures concerning Penal Provisions) When the penal provisions are applied to any offenses committed before this Act enters into force, the previous provisions shall apply to them.
ADDENDA <Act No. 9932, Jan. 18, 2010>
Article 1 (Enforcement Date)
This Act shall enter into force two months after the date of its promulgation. (Proviso Omitted.)
Articles 2 through 5 Omitted.
ADDENDUM <Act No. 10038, Feb. 4, 2010>
This Act shall enter into force one year after the date of its promulgation.
ADDENDA <Act No. 10300, May 17, 2010>
(1) (Enforcement Date) This Act shall enter into force six months after the date of its promulgation.
(2) (Transitional Measures concerning Sexual Violence Prevention and Victims Protection Act) The term "Article 5 of the Sexual Violence Prevention and Victims Protection Act" under the amended provisions of Article 4-3 (2) shall be construed as "Article 3 (2) of the Act on the Protection, etc. of Victims of Sexual Crimes" until December 31, 2010.
ADDENDUM <Act No. 11280, Feb. 1, 2012>
This Act shall enter into force three months after the date of its promulgation.
ADDENDA <Act No. 11690, Mar. 23, 2013>
Article 1 (Enforcement Date)
(1) This Act shall enter into force on the date of its promulgation.
(2) Omitted.
Articles 2 through 7 Omitted.
ADDENDUM <Act No. 11832, May 28, 2013>
This Act shall enter into force six months after the date of its promulgation.
ADDENDUM <Act No. 11981, Jul. 30, 2013>
This Act shall enter into force six months after the date of its promulgation.
ADDENDUM <Act No. 12327, Jan. 21, 2014>
This Act shall enter into force six months after the date of its promulgation.
ADDENDA <Act No. 12698, May 28, 2014>
Article 1 (Enforcement Date)
This Act shall enter into force on July 1, 2015.
Articles 2 through 10 Omitted.