Under the Special Act for the Punishment of Domestic Violence (Articles 5 and 8-2), a judicial police officer can act, and thus take measures, in the following circumstances:

• Upon receipt of a report on any of the ongoing crimes of domestic violence, the judicial police officer will arrive at the scene of the crime, without delay, and take the necessary measures (Article 5).
• Notwithstanding the emergency measures aforementioned, when a crime of domestic violence is likely to reoccur and it is impossible to receive an ad hoc measure determined by a court due to its urgency, a judicial police officer may take any measure prescribed in Article 29, either ex officio or upon the request of a victim or the victim's legal representative. In this sense, when a judicial police officer takes an urgent ad hoc measure, they will prepare the written decision of an urgent ad hoc measure promptly and make a request to a prosecutor, and the prosecutor in receipt of the request will make an ad hoc measure request to a court. In such cases, the ad hoc measure request will be made within 48 hours from when the urgent ad hoc measure was taken.

On the one hand, Article 8 of the Special Act for the Punishment of Domestic Violence provides that the victim's legal representatives may request a prosecutor or judicial public officer to make a request for ad hoc measures, file such application or present their opinions thereon in the situations listed in the aforementioned article: (i) when a prosecutor deems that a crime of domestic violence is likely to reoccur or (ii) when a prosecutor deems that a domestic violence offender is likely to recommit a crime of domestic violence.

On the other hand, Article 28 provides that when an offender intends to appoint a person, other than an attorney-at-law, as an assistant, the offender will obtain leave of the court. No assistant, other than an attorney-at-law, will receive or promise to receive money or other benefits, and allow or promise to allow a third party to offer such benefits. Moreover, when a domestic violence offender falls under any of the subparagraphs of Article 33 (1) of the Criminal Procedure Act, the court may appoint an attorney-at-law as an assistant of the offender ex officio.

In addition, after the court executes a warrant to accompany or issues a civil protection order, it will notify the legal representative or assistant of a domestic violence offender of such fact, without delay (Articles 8 and 29.4), so that the legal representative or assistant thereof may request to revoke a decision to adopt the civil protection orders or change the type of such measures.

Yes, proof is required as per any other procedure (see Civil Procedure Act and Criminal Procedure Act: nothing foreseen in Special Acts).

Requirements for the filing of proof, such as documents, are the same as per any other procedure.

Korean law, under the Criminal Act, recognizes the general criminal affirmative defenses such as criminal minors (Article 9), persons with mental disorders (Article 10), deaf-mutes (Article 11), self-defense (Article 21), justifiable act (Article 20), necessity (Article 22) or consent of victim (Article 24).

In general, a person who defames another by publicly alleging facts will be punished by imprisonment or imprisonment without prison labor for not more than two years or by a fine not exceeding KRW 5 million (Article 307.1 of the Criminal Act). A person who defames another by publicly alleging falsehoods will be punished by imprisonment for not more than five years, suspension of qualifications for not more than 10 years, or a fine not exceeding KRW 10 million won (Article 307.2 of the Criminal Act). There is no specific punishment for gender-based violence cases.

Criminal intent are acts performed through ignorance of the facts that comprise the constituent elements of a crime and will not be punishable, except as otherwise provided by the act (Article 13 of the Criminal Act). An act that infringes a legal interest with the consent of a person who is authorized to dispose of such interest will not be punishable except as otherwise provided by the act (Article 24, Criminal Act). Consent will not be established if made by a person who is legally not entitled to dispose of the interests violated by the criminal act, or if the consent is in breach of public policy (Constitutional Court Decision, 10 December 1985, 85Do1892). Notably, Article 305 (Sexual Intercourse or Indecent Acts with Minor) of the Criminal Act, which falls under the scope of the Special Act for the Punishment of Domestic Violence (Article 2), does not accept consent of the victim as a defense (Supreme Court Decision, 12 October 1982, 82Do2183). In other cases involving crimes against minors, courts tend to narrowly accept a defense of consent of the victims (for example, Supreme Court Decision, 27 August 2020, 2015Do9436).

Yes. Self-defense is a defense under Article 21 of the Criminal Act. Korean law states that if a person performs an act in order to prevent impending and unjust infringement of one's own or another person's legal interest, they will not be punished if there are reasonable grounds for that act. However, when a preventive act has exceeded normal limits, the punishment may be mitigated or remitted according to the extenuating circumstances. Additionally, an act performed through fear, surprise, excitement or confusion in the night or under other extraordinary circumstances will not be punishable. Additionally, punishment will be mitigated for persons with mental disorders. Article 10 of the Criminal Act states:

1. The act of a person who, because of mental disorder, is unable to make discriminations or to control one's will, shall not be punished.
2. For the conduct of a person who, because of mental disorder, is deficient in the abilities mentioned in the preceding paragraph, the punishment shall be mitigated.
3. The provisions of the preceding two paragraphs shall not apply to the act of one who, in anticipation of danger of a crime, has intentionally incurred one's mental disorder.

Article 32 of the Civil Procedure Act (Nondisclosure of Examination) stipulates that victims or family members summoned as witnesses may request the judge not to disclose the examination of a witness on the grounds of privacy protection or the peace and stability in the home. In such cases, the judge may determine on the methods and places of witness examination, including whether to permit such nondisclosure or examination in places, other than open courts. Notwithstanding the above, we should also note that the presiding judge will have a witness take an oath prior to an examination (Article 319 of the Civil Procedure Act) and that perjury is punished under Korean Criminal Law (see Article 152 of the Criminal Act).

Article 24 of the Special Act for the Punishment of Domestic Violence stipulates that a judge may summon witnesses to appear on a designated date, when deemed necessary for investigations and examinations.

However, both Articles 314 and 315 of the Korean Civil Procedure Act recognize some privileges, allowing for a witness to refuse to testify on grounds of self-incrimination or incrimination of his or her relatives, as well as providing for solicitor-client privilege, public interest privilege, spousal (marital) privilege, medical professional privilege and clergy-penitent privilege.

Under Article 21 of the Child Welfare Act:

1. In the process of a trial in the court, any of lawyers, legal representatives, lineal relatives, siblings and counselors of a specialized child protection agency may become an assistant in the inquiry into an abused child case: Provided, that a person other than lawyers shall obtain permission therefor from the court.
2. The court may, in the case of questioning an abused child as a witness, permit a person trusted by the abused child to sit with him/her, if any application for it is filed by a public prosecutor, the abused child and his/her protector, or a specialized child protection agency.
3. Paragraphs (1) and (2) shall also apply where a criminal investigation agency examines an abused child

Yes. Under Article 28 of the Act on Protection of Children and Youth against Sex Offenses, in examining a victim of a sex offense against a child or juvenile as a witness, the court will require a person who is in a fiduciary relationship with the victim to sit with the victim, if requested by the prosecutor, victim or his/her legal representative, unless any extenuating circumstance exists, such as concern about the disruption of the trial.

The effect is neutral. In other words, even if a child victim is called upon to testify as a witness, the effect of testimony will legally and theoretically be same as that of an adult witness.

With regard to possible criminal liability, a domestic violence offender must be considered as likely to commit a number of offenses listed in Article 2.3 of the Punishment Act. The latter are currently regulated in the Criminal Act.

Under the acts, domestic violence can include any, or a combination, of the following forms: (i) mental abuse (including intimidation, defamation, coercion, abandonment and maltreatment); (ii) physical violence (including bodily injury, false arrest and confinement); (iii) sexual violence (including involuntary sexual contact of any kind and rape); and (iv) economic violence, such as extortion and property damage.^[24] Under the Criminal Act, these are all separate offenses with differing degrees of punishment, due to the fact that a wide range of circumstances (age, offender's relationship to the victim, motive for the commission of the crime and circumstances after the commission of the crime) have to be taken into consideration in determining the punishment (see Article 51 of the Criminal Act).

This being said, the aggravated penalties prescribed for each form of domestic violence offenses (that is to say, those offenses committed against blood relatives, spouse or person under supervision) are as follows:^[25]

(i) Mental abuse:

• Intimidation (Article 283 of the Criminal Act): imprisonment for not more than seven years, a fine of not more than KRW 5 million, detention or a fine not exceeding KRW 7 million are the prescribed punishment in this case. 
• Coercion/obstruction (Article 324): punished by imprisonment for not more than five years or by a fine not exceeding KRW 30 million. Nevertheless, punishment will be remitted when this offense is committed against lineal blood relatives of the offender, the spouse, relatives living together, family members living together or their spouses.
• Abandonment (Article 271): punished by imprisonment for not more than 10 years, or a fine not exceeding KRW 15 million. Moreover, when the offense is committed by parents or grandparents against a baby, imprisonment for not more than two years or a fine are prescribed.
• Maltreatment (cruelty to another under one's protection, to lineal ascendant or spouse) (Article 273): punished by imprisonment for not more than five years or by a fine not exceeding KRW 7 million.

(ii) Physical violence:

• False arrest/illegal confinement (Article 276): punished by limited imprisonment for not more than 10 years, or a fine not exceeding KRW 15 million.
• Death or injury caused by arrest, confinement, etc. (Article 281): if an injury is perpetrated, punishment prescribed is imprisonment for a limited term of at least two years, whereas when it results in death, the penalty prescribed is imprisonment for life or for at least five years.

(iii) Sexual violence: 

• Rape (Article 297): punished by a minimum imprisonment of at least three years. The offense is considered doubly aggravated if a person who, by means of violence or intimidation, inserts his/her sexual organ, finger or any instrument into another's bodily part (excluding a genital organ), thus imprisonment is extended by at least two additional years.
• Injury or death caused by rape (Article 301): punished by imprisonment for life or for at least five years (minor injury). 
• Sexual intercourse with a minor (Article 302): punished by imprisonment for not more than five years.

(iv) Economic violence

• Extorsion (Article 350): punished by imprisonment for not more than 10 years or by a fine not exceeding KRW 20 million.
• Property damage (Article 366): punished by imprisonment for not more than three years or by a fine not exceeding KRW 7 million.

Yes, see previous section.

Noncompliance with domestic violence restraining orders (civil protection order and ad hoc measures) may result in a maximum sentence of two years in prison and a fine of up to KRW 20 million or will be subject to penal detention (Article 63 of the Special Act for the Punishment of Domestic Violence); additionally, if there is a continued failure to comply, the offender will be punished by imprisonment for not more than three years or by a fine not exceeding KRW 30 million.

With regard to domestic violence offenders, authorities may also place them on probation, order them to see court-designated counsellors, as well as impose fines on them.

Yes. Article 8(2) of the Crime Victim Protection Act and Article 10 of the Enforcement Decree of the Crime Victim Protection Act provide for the nation's duty to notify the victim of information regarding criminal proceedings, if the victim so requests. An offender's release from custody is included in the scope of information which the victim may request.