Domestic Violence Perpetrators to Be Isolated for 48 Hours

As early as next year, the police force may isolate or impose a limit of approach to victims of domestic violence from the perpetrators for up to 48 hours.

Children 10 to 11 years old that were previously exempt from legal jurisdiction upon committing a crime will also be under the direction of the Criminal Court.

The Committee on Family Juvenile Policy under the Seoul Family Court (Committee head: Han Myung-sook, Assemblyperson of the Uri Party) passed an amendment on juvenile court and the Special Act on the Punishment of Crimes of Domestic Violence on January 31.

The committee will submit a report containing resolutions by June to the Supreme Court, and will pursue amendments of related law in the form of government or assembly legislative procedure at the regular assembly sessions in September.

Isolation of domestic violence perpetrators-

Police that have been called upon a scene of domestic violence may impose a 48-hour isolation or limit of approach should the victim wish for the action in order to prevent any recurrence of violence.

Under this instance, the police should accept the “emergency action decision” by the judge directly through the prosecutor. With the court’s approval, the perpetrator may be isolated up to two months.

Fourth and fifth grade elementary students eligible for punishment-

The lowest age for juvenile criminals had been set to 12 years old, but due to dropping juvenile crime ages, the age has been set to 10 years old.

The upper limit was lowered from 20 to under 19 years old, and those 19 and up will be subject to a criminal trial directly without resorting to the juvenile crime system.

The committee has also pursued the tactic of bestowing power to the court, and not the prosecution, to make criminal prosecution decisions in cases of juvenile crime. The prosecutor holds the authority for the decision to cancel arraignments or the decision to suspend indictments for juvenile criminals, but the case will first be under the jurisdiction of the court.

Couple property policy-

As a rule, couples may divide the property equally in divorce procedures, but the percentage may vary according to the rate of contribution of both sides.

A full time housewife is granted 30 percent of a couple’s collective property, and 50 percent for a dual income couple, reflecting the wife’s increasing property rights according to the current court protocol.

Regarding some conditions when a spouse disposes the property, the law requiring spousal approval is also pursued.

woogija@donga.com