ENGLISH

- Immigrants by marriage, etc. who suffer from domestic violence may receive the following protection and support from the state and local governments (Article 8, paragraphs 3 and 4 of the “Multicultural Families Support Act”):

- When the professional staff and head of a support center for multi-cultural families, and international marriage brokers and their employees under the Marriage Brokers Business Management Act become aware of criminal domestic violence in the course of performing their duties, they must promptly report the fact to an investigative agency in the absence of justifiable grounds (Article 4, paragraph 2, subparagraphs 4 and 5 of the “Act on the Prevention of Domestic Violence and Protection, Etc. of Victims”).

- No one is allowed to cause any disadvantage to any person who has reported criminal domestic violence under the above provisions on the grounds of such reporting (Article 4, paragraph 4 of the “Act on the Prevention of Domestic Violence and Protection, Etc. of Victims”).

- A victim of domestic violence (hereinafter referred to as the “victim”) or his/her legal representative may file a complaint against a domestic violence offender. Where the legal representative of the victim is an offender or he/she has committed criminal domestic violence in collaboration with the offender, a relative of the victim may file a complaint (Article 6, paragraph 1 of the “Act on the Prevention of Domestic Violence and Protection, Etc. of Victims”).

- A victim may file a complaint where the domestic violence offender is a lineal ascendant or descendant of the victim or his/her spouse. The same will apply to the cases where his/her legal representative files a complaint (Article 6, paragraph 2 of the “Act on the Prevention of Domestic Violence and Protection, Etc. of Victims”).

- Where a victim has no legal representative or relative who is allowed to file a complaint, a prosecutor must designate a person who may do so within ten days if requested by an interested person (Article 6, paragraph 3 of the “Act on the Prevention of Domestic Violence and Protection, Etc. of Victims”).

- 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 the Prevention of Domestic Violence and Protection, Etc. of Victims; hereinafter referred to “victims, etc.”) 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, transfer, or transfer admission into school), the state and a local government must provide support so that he/she can attend school without difficulty (Article 4-4, paragraph 1 of the “Act on the Prevention of Domestic Violence and Protection, Etc. of Victims”).

- No person who employs a victim is permitted to dismiss him/her, nor give any other disadvantages to him/her, in connection with crimes of domestic violence under the Act on the Prevention of Domestic Violence and Protection, Etc. of Victims (Article 4-5 of the “Act on the Prevention of Domestic Violence and Protection, Etc. of Victims”).

- Where a foreign national who is the spouse of a national of the Republic of Korea, in whose case a trial in a court, an investigation by an investigative agency, or procedures for remedying an infringement of his/her rights under other acts due to domestic violence defined in subparagraph 1 of Article 2 of the “Act on the Prevention of Domestic Violence and Protection, Etc. of Victims” is in progress, applies for an extension of his/her period of stay, the Minister of Justice may grant an extension of the period of stay until such procedures for remedying an infringement of his/her right have been completed (Article 25-2 of the “Immigration Act”).

- Victims may receive assistance regarding the following matters from counseling centers for victims of domestic violence (Article 6 of the “Act on the Prevention of Domestic Violence and Protection, Etc. of Victims”):

- Victims may receive the following protection and support through shelter for victims of domestic violence (Article 7-2, paragraph 1 of the “Act on the Prevention of Domestic Violence and Protection, Etc. of Victims”):

- Victims of domestic violence may receive the following aid from the shelters for victims of domestic violence (Article 8, paragraph 1 of the “Act on the Prevention of Domestic Violence and Protection, Etc. of Victims”):

- If requested by a victim, his/her family, acquaintance or the head of an emergency hotline center, a counseling center or shelters, etc., victims may receive the following medical care and protection services (Article 18, paragraph 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”):

- The relevant domestic violence assailant will bear all of the expenses incurred in the course of medical care and protection (Article 18, paragraph 2 of the “Act on the Prevention of Domestic Violence and Protection, Etc. of Victims”).

- Where a victim applies for reimbursement of expenses for medical care and protection notwithstanding the fact that the domestic violence assailant will be required to bear the expenses, the state or a local government must pay the expenses necessary for medical care and protection to a medical institution on behalf of the domestic violence assailant (Article 18, paragraph 3 of the “Act on the Prevention of Domestic Violence and Protection, Etc. of Victims”).

- Where the state or a local government has paid the expenses, it may exercise the right to reimbursement against the relevant domestic violence assailant. However, this will not apply if a victim has received medical care and protection during admission to a shelter or where the domestic violence assailant falls under any of the following subparagraphs (Article 18, paragraph 4 of the “Act on the Prevention of Domestic Violence and Protection, Etc. of Victims”):