If deemed necessary for the protection of a victim, a judge may issue any of the following victim protection orders against a domestic violence offender by ruling, at the request of a victim or legal representative thereof:
- evacuation, etc., from a room, in which victims or family members live, or a room occupied thereby, to isolate the offender from the victims
- denial of access within 100 meters from the residences or places of work of victims or family members
- denial of access to victims or family members through telecommunications under subparagraph 1 of Article 2 of the Framework Act on Telecommunications
- restriction on the exercise of parental power against a domestic violence offender in parental power
See Special Act for the Punishment of Domestic Violence, Chapter II, Section 3 (Protection Orders).
Spousal rape is not criminalized in the Republic of Korea.[14] However, Country Reports for 2008 notes that while spousal rape is not illegal, "courts have established a precedent by prosecuting spouses in such cases."[15] In June 2007, in its response to CEDAW, the Republic of Korea indicated that marital rape cases might "follow a different path in the future" due to precedents set in earlier cases.[16]
In January 2009, according to The Korea Times, a husband was convicted of raping his wife and was given a 30-month suspended sentence in Busan District Court.[17] The offender had "frequently" raped his wife while threatening her with weapons. According to The Korea Times, the ruling was the first time a South Korean court had recognized martial rape as a crime.
In May 2013, according to The Korea JoongAng Daily, the Supreme Court of Korea upheld a high court conviction against a man for three counts of spousal rape.[18] The ruling also set a precedent that an offender's legally married wife is included in the definition of "female" in a rape charge, as provided by Article 297 of the Criminal Act. (ibid.) The ruling marked the first conviction for rape between a husband and wife who stayed in the marriage throughout the legal process.[19]
Home protection case
Means a case subject to a protective disposition under this act due to a crime of domestic violence.
Protective disposition
Means the disposition under Article 40 against an offender, which is taken after the court examines home protection cases.
Victim protection order case
Means a case subject to a victim protection order under Article 55-2 due to a crime of domestic violence.
Digital sex crime, stalking and dating violence
Is a developing area of law related to cyberstalking.
Child abuse
Means doing harm to a child's health or welfare or committing physical, mental or sexual violence, or cruel acts that are likely to impede normal growth of a child by adults, including the child's protector, and abandoning or neglecting a child by his/her protector.