Shelters for the victims of domestic violence
Shelters
- A victim of domestic violence is entitled to receive the following aid from the shelter he/she is entitled to use as a temporary shelter from domestic violence (main text of Article 8 (1) of the “Act on the Prevention of Domestic Violence and Protection, Etc. of Victims”):
1. Lodging
2. Counseling and treatment for psychological stability and social adaptation
3. Medical support, including transfer, etc., to medical institutions for disease treatment and healthcare (including physical examinations within one month from the time a victim, etc. is admitted into a shelter)
4. Support and link of services necessary for investigation and trial process
5. Requests for necessary cooperation and support from legal aid institutions, etc.
6. Education on self-reliance and self-support and employment information
7. Matters entrusted to a shelter under other laws and regulations
8. Other services necessary for the protection of a victim, etc.
※ Family members accompanied by a victim may be provided with support other than lodging and a long-term shelter may not provide any of the services under subparagraphs 1 through 5 (excluding services of providing dwelling) (proviso to Article 8 (1) of the “Act on the Prevention of Domestic Violence and Protection, Etc. of Victims”).
Admission to shelters
- A person subject to admission to a shelter falls under any of the following subparagraphs (Article 7-3 (1) of the “Act on the Prevention of Domestic Violence and Protection, Etc. of Victims”):
· A person who wishes to be admitted or consents to be admitted to a shelter
· An intellectually disabled person, mentally disabled person, or any other disabled person whose mental capacity is impaired whose admission has been consented by his/her guardian who is not the domestic violence offender
· An intellectually disabled person, mentally disabled person, or any other disabled person whose mental capacity is impaired who needs to be admitted as a result of counseling by a counselor, but is deemed inappropriate to receive consent for admission
※ Victims with a boy over 10 years old (first priority) who cannot be admitted to a general shelter or victims with a child (second priority) or victims of domestic violence (third priority) are admissible to a family shelter (Ministry of Gender Equality and Family, “2023 Operational Guidelines for the Promotion of Rights and Interests of Women and Children”(January 2023) p. 313).
※ Anyone who wishes to be admitted to a protective center for domestic violence is advised to call the Hotline for Women (☎ 1366) or a counseling center in relation to domestic violence by region. Please go to the website of the Ministry of Gender Equality and Family (http://www.mogef.go.kr/) to search the contact details of domestic violence counseling centers in the facility information on the prevention of domestic violence.
Duration of protection in the shelter
- If a victim is not admitted to a shelter, he/she may stay up to 3 days (may be extended to a maximum of 7days) (Ministry of Gender Equality and Family, “2022 Operational Guidelines for the Promotion of Rights and Interests of Women and Children” p. 403).
- The duration for a victim to stay in the shelter varies as follows depending on the type of each shelter (Article 7-2 of the “Act on the Prevention of Domestic Violence and Protection, Etc. of Victims” and Article 7 of the “Enforcement Rule of the Act on the Prevention of Domestic Violence and Protection, Etc. of Victims”):
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Type
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Duration of protection
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Note
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Short-term shelters
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Within 6 months(up to 1 year)
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If a victim requires psychological stability, is undergoing treatment, or any other reasons, the duration may be extended on two occasions by 3 months each time
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Long-term shelters
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Within 2 years
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Unless under inevitable circumstances, a victim may be evicted if he/she fails to find a job within 6 months after being admitted to the facility
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Shelters for foreign nationals
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Within 2 years
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* Eligibility: Victims of foreign nationality
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Shelters for the disabled
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Within 2 years
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* Eligibility: Victims who are disabled
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Restrictions on the access and issuance of resident registration card
Restrictions on the access of resident registration card or the issuance of a certified copy or an abstract
- A victim may request the head of the competent Si/Gun/Gu (excluding the head of a special city or metropolitan city and including the head of the special autonomous city) to restrict the inspection of the resident registration record card of the principal, his/her household members, or his/her lineal ascendants or descendants, or the issuance of a certified copy or abstract thereof by designating personssubject to such restriction among the spouse, lineal relative by blood, of the head of household, the lineal relative by blood of the spouse or the spouse of the lineal relative by blood (Article 29(6) of the Resident Registration Act).
- If a victim intends to restrict the access to the above resident registration record card or the issuance of a certified copy or an abstract, he/she must present a certificate of identity to the head of Si/Gun/Gu, and submit the application for the restriction on the access of resident registration card or the issuance of a certified copy or an abstract and any of the following documentary evidence (Article 47-2 of the “Enforcement Decree of the Resident Registration Act” and the main text of Article 13-2 and attached Form No. 14-3 of the “Enforcement Rule of the Resident Registration Act”):
1. A written confirmation of counseling issued by the head of a domestic violence-related counseling center or the head of an emergency hotline
2. A written confirmation of admission to a protective facility for victims of domestic violence issued by the head of the protective facility for victims of domestic violence or a written confirmation of admission to an emergency shelter issued by the head of an emergency hotline
3. A written confirmation of counseling or admission issued by the head of a protective facility
4. A written confirmation of counseling issued by the head of a counseling center for sexual violence
5. A written confirmation of admission to a protective facility for sexual violence victims issued by the head of a protective facility for sexual violence victims
6. A written confirmation of admission to a welfare facility for temporary support issued by the head of the welfare facility for temporary support
7. A written confirmation of counseling issued by the head of a local institution specialized in the protection of senior citizens
8. A written confirmation of admission to a shelter for the elderly affected by abuse issued by the head of the shelter for the elderly affected by abuse
9. A notice of on the determination to modify the resident registration number for victims
10. A certified copy or abstract of a decision on the temporary protection order or a certified copy or abstract of the decision on the victim protective order
11. A notice on the result of disposition of a case subject to complaint or charge
12. A certificate of results of the case disposition
- However, when submitting documents specified in 1. and 3. through 5. above, a medical certificate issued by a medical institution or a document demonstrating the fact of damage sustained by domestic violence issued by a police station must also be submitted (proviso to Article 13-2 of the “Enforcement Rule of the Resident Registration Act”).
Co-living families (group homes)
Co-living families (group homes)
- The government provides a residential space (hereinafter referred to as a "group home") where victims and their family members can live together to support the self-reliance of female victims of violence such as domestic violence and sexual violence and create conditions for their social adjustment (Ministry of Gender Equality and Family, “2023 Operational Guidelines for the Promotion of Rights and Interests of Women and Children”(January 2023) p. 454).
Admission to group homes
- Any person who wishes to achieve self-reliance and self-support as a female victim of domestic violence may be admitted to a group home in accordance with the following priority (Ministry of Gender Equality and Family, “2023 Operational Guidelines for the Promotion of Rights and Interests of Women and Children” p. 99):
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Classification
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Eligibility
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First priority
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A person who has been recommended by the head of a protective facility, the head of a domestic violence counseling center, or the head of 1366 Center, who is also unable to be admitted to a protective facility as she is accompanied by a boy aged 10 years or older
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Second priority
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A child victim or juvenile victim of sexual violence by relatives who have not been admitted to a protective facility
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Third priority
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Other persons deemed necessary to be preferentially admitted to the residential support facility through a review of the committee consisting of local government officials, head of residential support projects, experts, etc.
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※ In determining the priority of admission, the standards for admission to a protective facility do not distinguish whether a victim is currently admitted or has already been discharged.
Cost of admission
- The deposit for lease of a group home is exempted, but an additional charge for tenants is payable at the time of admission in preparation for the payment of maintenance costs to the extent not exceeding 700,000 won on one occasion (returned at the time of discharge) (Ministry of Gender Equality and Family, “2023 Operational Guidelines for the Promotion of Rights and Interests of Women and Children” p. 97).
- The maintenance cost and various utility bills will be paid by the tenants living together in the group home to the extent equivalent to a permanent rental apartment (Ministry of Gender Equality and Family, “2022 Operational Guidelines for the Promotion of Rights and Interests of Women and Children” p. 98).
Duration of admission
- The duration of housing support for new tenants will be two years, which may be extended by 2 years on one occasion only (Ministry of Gender Equality and Family, “2023 Operational Guidelines for the Promotion of Rights and Interests of Women and Children” p. 100).
Admission method
- In principle, two or more households must be admitted to each rental house, but if there are two or more members in the household (including the victim), each household may be allowed to be admitted to one rental home after the review (Ministry of Gender Equality and Family, “2023 Operational Guidelines for the Promotion of Rights and Interests of Women and Children” p. 100).
Application for admission
- Victims who wish to be admitted to a group home is eligible to apply for housing support to the protective facility operating a group home (hereinafter referred to as the "operating agency") or 1366 center at any time, and the application will be filed to the metropolitan city or province through Si/Gun/Gu at the relevant operating agency or 1366 Center (Ministry of Gender Equality and Family, “2023 Operational Guidelines for the Promotion of Rights and Interests of Women and Children” p. 100).
Support of rental housing
Preferred supply of rental housing
- A victim of domestic violence falls under the category of people who are eligible for preferred supply of public rental housing built by the State, local governments, the Korea Land and Housing Corporation, or a regional corporation (Article 8-5 of the “Act on the Prevention of Domestic Violence and Protection, Etc. of Victims”).
Eligibility to apply for admission
- To fall under the category of people who are eligible for preferred supply of public rental housing, the victim must satisfy the qualifications for admission for homeless household members and income standards under the following classification [Article 48 of the “Special Act on Public Housing” and Article 15 (1) and attached Table 4.2 of the “Enforcement Rule of the Special Act on Public Housing”. People eligible for preferred supply B. 9 such as the those who support their aged parents, the disabled, and men of national merit, etc.)]:
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Size of rental housing
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Eligibility for admission
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50㎡ or less
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1. A member of a homeless household whose average monthly income does not exceed 50% of the average monthly income per household by the number of household members of urban workers in the previous year (70% for one member and 60% for two members of each household). 2. 70% of the average monthly income per household of urban workers in the previous year for any remaining houses after the supply under 1. Above (90% for one member and 80% for two members of each household). 3. A one-person householder is provided with a house that does not exceed 40㎡ for the area of exclusive use (If there are no houses with an area of exclusive use of 40㎡ or less among the houses supplied to the relevant Si/Gun/Gu at the time of announcement of application for occupation and if the applicant has severe disabilities, a house with an area of exclusive use of 50㎡ or less may be provided).
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More than 50㎡ and less than 60㎡
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A member of a homeless household (excluding a one-person householder) whose average monthly income is not more than 70% of the average monthly income per urban workers in the previous year (90% for one member and 80% for two members of each household).
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More than 60㎡
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A member of a homeless household (excluding a single household owner), whose average monthly income of the relevant household is not more than 100% of the average monthly income per urban worker's household (120% for one household and 110% for two households).
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- Victims who wish to be apreferred recipient of National Public Housing shall meet tenancyqualifications under the 「Enforcement Rules of the SpecialAct on Public Housing」 and fall under any of thefollowing cases(Article 4-2 paragraph 1 of the 「Enforcement Decree of the Acton the Prevention of Domestic Violence and Protection, Etc. of Victims」).
· A victim who has been admitted to a protective facility for at least six months and has been discharged within two years (excluding a person who has been admitted by fraud or other improper means)
· A victim who has been admitted to a residential support facility for victims aided by the Minister of Gender Equality and Family for at least two years (excluding a person who has admitted by fraud or other improper means)
Application for admission
- A victim who wishes to be admitted to public rental housing must be issued with an evidential document necessary for admission application (choose 1 between the written confirmation of admission to a protective facility for victims of domestic violence for at least 6 months and a written confirmation of admission to a housing support facility under the “housing support project for female victims of violence” from the Ministry of Gender Equality and Family) (Ministry of Gender Equality and Family, “2023 Operational Guidelines for the Promotion of Rights and Interests of Women and Children” p. 334).