Medical care and protection
Provision of medical care and protection- A medical institution must, at the request of a victim, his/her family member, acquaintance or the head of an emergency hotline center, a counseling center or a shelter, etc., render to victims the following medical care and protection services (Article 18 (1) of the “Act on the Prevention of Domestic Violence and Protection, Etc. of Victims” and Article 6 of the “Enforcement Decree of the Act on the Prevention of Domestic Violence and Protection, Etc. of Victims”):
· Consultation and guidance concerning health
· Medical care for physical and mental injuries
· Psychotherapy, such as the implementation of various treatment programs for mental stability of pregnant women
· Medical examinations or treatment to protect pregnant women and fetuses
· Medical care for newborn babies of the victims of domestic violence
Claim for the cost of medical care and protection-A victim is entitled to claim all costs required for medical care and protection (including medical expenses already paid; hereinafter referred to as the “cost of medical care”) to the mayor of the special autonomous city, governor of the special autonomous province, and the head of a Si/Gun/Gu (refers to the head of an autonomous district and the same will apply hereafter) having jurisdiction over the place of residence of the domestic violence offender (Article 18 (3) of the “Act on the Prevention of Domestic Violence and Protection, Etc. of Victims” and Article 17 (1) of the “Enforcement Rule of the Act on the Prevention of Domestic Violence and Protection, Etc. of Victims”).
- The mayor of the special autonomous city, governor of the special autonomous province, and the head of a Si/Gun/Gu who has been claimed for the cost must identify whether the victim falls under the category of victims of domestic violence, and if he/she is deemed the victim of domestic violence, the cost of medical care must be provided (Article 17 (2) of the “Enforcement Rule of the Act on the Prevention of Domestic Violence and Protection, Etc. of Victims”).
Exercise of the right to indemnity the cost of medical care- The cost of medical care must, in principle, be paid by the offender (Article 18 (2) of the "Act on the Prevention of Domestic Violence and Protection, Etc. of Victims”).
- If the mayor of the special autonomous city, governor of the special autonomous province, or the head of a Si/Gun/Gu has paid the cost of medical care upon the claim filed by a victim, he/she may exercise the right to indemnity ( main text of Article 18 (4) of the “Act on the Prevention of Domestic Violence and Protection, Etc. of Victims”).
- However, an exception will apply if the victim has received medical care and protection during his/her time at a shelter of if the victim falls under any of the following circumstances (proviso to Article 18 (4) of the “Act on the Prevention of Domestic Violence and Protection, Etc. of Victims”):
· A beneficiary of the national basic living security
· A disabled person registered under the “Act on Welfare of Persons with Disabilities”