[464 Social] The Dating Violence Plague: Its Facts and Causes
Recently, dating violence and homicide have emerged as significant social issues in South Korea. Last month, the public became aware of a famous Korean YouTuber's experience with dating violence, highlighting the severity of the issue and bringing it to the forefront of societal concerns. Despite ongoing discussions about the dangers and the urgent need for solutions, the situation remains unsolved. Furthermore, despite a doubling in the number of counseling cases related to dating wiolence compared to last year, repeated violent incidents continue to occur, leading to growing criticism of the current state of affairs. Some argue that inadequate legislation and insufficient governmental measures are the primary causes of this issue. Therefore, The Dongguk Post aims to examine ths pressing issue that affects South Korean society and explore the reasons behind the failure to resolve these problems.
The plight of relationships suffering from dating violence
Dating violence refers to acts of violence or threats occuring within romantic relationships, including both physical and psychological forms of abuse. This includes sexual violence, verbal abuse, and other forms of coercive control over emotions, mental states, and behavior. Historically, dating violence has often been dismissed as a private matter between the involved individuals, which has led to more significant harm. Moreover, due to the intimate nature of romantic relationships, the recidivism rate for dating violence is notably high.
According to the National Police Agency, as of the 17th of last month, the number of annual reported cases of dating violence reached an all-time high of 77,150, more than doubling since 2017. Notable cases include the “Geoje dating homicide case,” where a perpetrator broke into the victim’s residence after a breakup and fatally assaulted them over an extended period, and the “Kim Rae-a dating homicide case,” where a man killed his ex-girlfriend after being rejected and injured her mother in the process. Another example involves a perpetrator who, feeling slighted, attacked and stabbed her partner with a knife. Such cases illustrate the alarming increase in gender-based violence and homicides in South Korea in recent years.
Causes of dating violence
One of the primary issues in South Korea is the lack of specific legislation addressing dating violence, which often results in cases being classified under general assault of intimidation laws. This categorization limits the ability to issue restraining orders against perpetrators. Particularly problematic is the fact that dating violence cases are treated under the “crime subject to complaint” clause, meaning that if the victim, fearing secondary harm, expresses a desire not to proceed with the case, the investigation can be terminated, preventing strict punishment. This limitation highlights the need for special legislation that takes into account the unique characteristics of dating violence. However, such laws have yet to be enacted. In the UK, “Clare’s Law” was enacted in response to cases of dating violence that resulted in fatalities, allowing individuals to check their partner’s history of violence and related criminal records.
In contrast, in South Korea, most legislative proposals for a special law on the punishment of dating violence crimes have either been stalled or discarded. Additionally, in Australia, a perpetrator of dating violence is prohibited from approaching the victim for 72 hoursafter a police order is issued. This starkly contrasts with the current situation in South Korea, where dating violence is classified as a general assault, preventing the issuance of restraining orders.
Furthermore, the absence of a Minister of Gender Equality and Family has left a leadership vacuum, exacerbating the situation. The Ministry’s “customized integrated support” plan lacks cross-departmental collaboration, such as with the Ministry of Justice, making it ineffective. Additionally, protection and support measures have merely reiterated previous initiatives, such as using the existing emergency hotline 1366, domestic violence shelters, and sexual violence counseling centers operated by the Ministry, without introducing new solutions. In June, however, the Ministry of Gender Equality and Family announced plans to strengthen legal support for victims of dating violence, including emergency housing assistance, and to enhance litigation support by operating regional “Mobile Legal Counseling Centers.” Additionally, to address previous shortcomings in interagency cooperation, measures such as the provision of smartwatches in collaboration with the police and private security services for high-risk victims have been added.
It is worth questioning whether the problems we have identified are, in fact, exaggerated or misinterpreted and whether this issue truly stems from legal inadequacies. According to the National Assembly Research Service, the unclear definition and scope of dating violence make it challenging to apply protection procedures for victims, as they are currently treated similarly to domestic violence or stalking. However, since the essence and direction of punishment defined by each law differ, applying the same procedures is challenging. Therefore, it is necessary to clearly define dating violence within the current legal framework to ensure legal legitimacy. Based on this, punishment regulations and victim protection procedures should be established to reflect this crime’s unique characteristics and differences, ensuring the effectiveness of measures against dating violence.
Additionally, the Ministry of Gender Equality and Family should develop specific measures that reflect the unique characteristics of the crime rather than applying uniform content as with domestic violence or stalking. Instead of merely providing counseling facilities, there should be clearly defined victim protection procedures, such as the dispatch of on-site judicial police officers, victim-specific investigation measures by prosecutors, and provisions to prohibit disadvantageous treatment. Moreover, clear manuals and guidelines should be provided to ensure that these measurescan be actively applied in cooperation with the police and other relevant agencies.
Victims continue to suffer from the frequent occurrence of dating violence within intimate relationships. There is an urgent need for a robust punishment system for offenders and the revision of protective laws to ensure the safety of victims. In the current Korean society, due to conflicts with existing regulations and the lack of consensus on how to establish a legal basis for dating violence, special legislation for the protection of victims has not yet been amended. It is crucial to acknowledge and address these shortcomings swiftly to improve the safety of victims and the punishment of perpetrators.