Simple & Easy Law Info

Simple & Easy Law Info

Victims of Domestic Violence

Domestic Violence is a Crime Filing Criminal Complaints against Domestic Violence Victims of Domestic Violence ② www.easylaw.go.kr



My father subjected me to domestic violence for years. Can I file a criminal complaint against him?



Articles 223 and 224 of the Criminal Procedure Act Article 6(2) of the Act on Special Cases Concerning the Punishment of Crimes of Domestic Violence According to the Criminal Procedure Act, no person may file a criminal complaint against one’s own or spouse’s parent or grandparent. However, for domestic violence, a criminal complaint may exceptionally be filed, even if the offender is one’s own or one’s spouse’s parent or grandparent.



Article 9-2 of the Act on Special Cases Concerningthe Punishment of Crimes of Domestic Violence Cases of Criminal Domestic Violence ① Suspension of Indictment on Condition of Counseling If, as a result of investigating a domestic violence case, the prosecutor determines it necessary to correct the domestic violence offender’s personality and behavior, the prosecution may be suspended on the condition that the offender undergo counseling.



See Article 246 of the Criminal Procedure Act Cases of Criminal Domestic Violence ② Prosecution If the prosecutor decides that the offender’s actions must be criminally penalized, the offender may be indicted.



Article 9(1) of the Act on Special Cases Concerning the Punishment of Crimes of Domestic Violence Cases of Criminal Domestic Violence ③ Home Protection Case The prosecutor may, rather than punish the domestic violence offender, consider the nature, motive, and results of the case, together with the personality and behavior of the offender, to handle the case as a home protection case and issue a protective order.



See Articles 8(1) and 29(1) of the Act on Special Cases Concerning the Punishment of Crimes of Domestic Violence Request for Temporary Measures If the prosecutor deems that criminal domestic violence may recur, the prosecutor may, on their own motion or by police request, make a request to a court for temporary measures such as offender separation or restraining orders.



For detailed legal information, please refer to “Victims of Domestic Violence” on easylaw.go.kr.



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