Urgent measures against criminal domestic violence
Urgent measures
Upon receipt of a report on any criminal domestic violence, a police officer must arrive at the scene of the crime without delay and take any of the following measures (Article 5 of the “Act on Special Cases Concerning the Punishment, Etc. of Crimes of Domestic Violence” and Article 9-4 (1) of the "Act on the Prevention of Domestic Violence and Protection, Etc. of Victims”):
· Restrain violence, isolate the domestic violence offender (hereinafter referred to as “offenders”) from the victim
· Conduct an investigation of the crime by means such as arresting the criminal at the scene of the crime
· Refer the victim to a domestic violence counseling center or a shelter (only if the victim agrees)
· Refer the victim requiring emergency treatment to a medical institution
· Notify that the victim is entitled to apply for ad hoc measures in the recurrence of the violence
· Notify that the victim is entitled to file an application for protective order or a measure to protect the victim
- In this case, the police officer 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 (Article 9-4 (2) of the "Act on the Prevention of Domestic Violence and Protection, Etc. of Victims”).
Urgent ad hoc measures against criminal domestic violence
Urgent ad hoc measures
- Notwithstanding the urgent measures above, if criminal domestic violence is likely to recur and ad hoc measures determined by a court are not available due to urgency, a police officer may take any of the following measures either at its own discretion or upon the request of a victim or his/her legal representative (Article 8-2 (1) of the “Act on Special Cases Concerning the Punishment, Etc. of Crimes of Domestic Violence”):
· 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
· A restraining order to stay at least 100 meters away from the residence or place of work of the victim or family members
· A ban on approaching the victim or family members through telecommunications
※ A person who fails to take the urgent ad hoc measure (excluding those who fail to take the ad hoc measure under Article 8-3 (1) of the “Act on Special Cases Concerning the Punishment, Etc. of Crimes of Domestic Violence") or the court has not rendered any decision to take an ad hoc measure will be subject to an administrative fine of up to three million won (Article 66, subparagraph 2 of the “Act on Special Cases Concerning the Punishment, Etc. of Crimes of Domestic Violence").