6. Special issues | South Korea | Fighting Domestic Violence

6.1 Battered woman syndrome

6.1.1 Can lawyers present evidence of battered woman syndrome or other domestic abuse as an affirmative defense to crimes that the battered woman has committed? (Note: Battered Woman Syndrome is accepted by courts in certain jurisdictions to show that battered women can use force to defend themselves and sometimes kill their abusers due to abusive and life-threatening situations.)

There is limited case law accepting feeble-mindedness or post-traumatic stress disorder (PTSD) due to extended and continuous domestic violence and abuse as a defense under Article 10 of the Criminal Act (Daejeon District Court Decision, 18 October 2006, 2006KoHap102, Seoul High Court Decision, 18 March 2005, 2004No2819, etc.).

6.2 Domestic violence in the workplace

6.2.1 Can courts issue orders to protect employees suffering from domestic violence?

N/A

6.2.2 Can departure be deemed "for good cause" if related to domestic violence?

N/A

6.2.3 Can family members of domestic violence victims take reasonable leave to help the victim seek treatment or obtain help and services?

There are no specific laws providing for additional protection for employees or their family members for reasons of domestic violence.

6.3 Immigration

6.3.1 Does the law include provisions that are intended to prevent abusers who are citizens or permanent residents from using immigration laws to perpetrate domestic violence against their spouse?

N/A

6.3.2 If battered immigrants cooperate with law enforcement in domestic violence, can they obtain immigration remedies?

N/A

6.3.3 Does domestic violence law discuss asylum accessibility?

Acticle 6 of the Nationality Act (Requirements for Simple Naturalization), allows foreigners whose marriage with a Korean spouse has broken down to apply for naturalization. This was created due to the requirement that foreigners' naturalization qualifications were dependent on their Korean spouse's sponsorship and applies even in cases where the breakup was caused by the Korean spouse.

The Justice Ministry has said in a legislative notice that a new amendment to South Korea's Immigration Control Law will ban a South Korean citizen with a record of domestic violence, irrespective of when it took place, from inviting foreigners to the country for marriage.

6.4 Armed forces

6.4.1 Can a victim seek a military protective order if the abuser is in active military?

Korean jurisprudence does not provide for military protective orders in relation to domestic violence crimes.

6.5 Child custody and child/spousal support

6.5.1 Do judges follow special rules to determine custody or visitation of children in domestic violence cases?

Please see section 6.5.2.

6.5.2 Can the judge consider the testimonies of the other spouse and the children when determining custody?

Yes. Article 15 (Protective Measures) of Korea's Child Welfare Act establishes the obligation for competent authorities to adopt the protective measures (i.e., mayor, governor or the head of a si, gun or gu) to respect the opinion of the child subject to protection, and hear the opinion of the protector of such child other than the child abuser.

6.6 Housing rights of domestic violence victims

6.6.1 Does the law include any barriers to prevent landlords from forcing a tenant to move out because they are victims of domestic violence?

No.

6.6.2 Does the law allow a tenant to terminate his/her lease early due to domestic violence?

No.

6.6.3 Can an order exclude the abuser from the residence?

N/A

6.6.4 Can abusers be forbidden by court orders to alienate or mortgage the property in his/her name if it is the family domicile?

There are no additional housing rights in Korean jurisprudence for victims of domestic violence.

Fighting Domestic Violence

South Korea

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