Police Seek Tighter Oversight of Domestic Violence Perpetrators... Ankle Monitors, Criminal Penalties in the Works
Police are seeking to strengthen measures to separate perpetrators of domestic violence from their victims and penalties for violating restraining orders to a level comparable to those for stalking crimes. They are considering amending the law to allow electronic monitoring devices (ankle monitors) to be imposed on domestic violence perpetrators as well, and discussing tougher penalties for violating emergency temporary measures, including replacing fines with criminal punishment.
A police flag flutters in the wind outside the National Police Agency in Seodaemun-gu, Seoul, on the 21st. / Photo by Kim Hyunmin kimhyun81@
View original imageAccording to the National Police Agency on October 15, the agency plans to report these proposed institutional improvements at a meeting on measures against crimes stemming from abnormal motives, crimes involving personal relationships, and crimes against socially vulnerable groups, to be held at the Blue House that afternoon with relevant government ministries.
The move comes amid a series of violent crimes targeting family members, including the recent murder of a mother-in-law and kidnapping of a wife in Songpa-gu, Seoul, and the deaths of a father and daughter in Jeju. The authorities are seeking to improve systems to protect victims.
First, police are pursuing revisions to the Act on the Attachment of Electronic Devices, etc., to allow electronic monitoring devices to be imposed on domestic violence perpetrators as well. Stalking perpetrators can currently be required to wear electronic monitoring devices by court order, but the same system does not apply to domestic violence perpetrators.
Police are also considering easing the requirements for applying for “Temporary Measure No. 5,” which detains a perpetrator in a police lockup or detention center. Under the current Act on Special Cases Concerning the Punishment, etc. of Crimes of Domestic Violence, police can apply to detain a perpetrator only if the perpetrator has violated an existing temporary measure, such as an order to leave the residence or a restraining order, and there is a risk that domestic violence will recur. Police plan to propose changes that would allow them to apply for detention based on factors including the risk of recurrence, even if the perpetrator has not violated an existing temporary measure.
Penalties for violating emergency temporary measures will also be strengthened. These are orders issued by police requiring a perpetrator to stay away from a victim or leave a residence when there is a high risk of repeat domestic violence and the situation is too urgent to wait for a court decision.
Currently, domestic violence perpetrators who violate emergency temporary measures face a fine of up to 3 million won. By contrast, violating emergency measures in stalking cases is punishable by up to one year in prison or a fine of up to 10 million won. Police are considering applying criminal penalties to domestic violence perpetrators who violate such measures as well.
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Other proposals under discussion include strengthening referrals to domestic violence counseling centers and securing a budget for temporary shelters so perpetrators, rather than victims, can be removed from their homes. The need for legislation addressing dating violence, which is not covered by a separate law, has also been raised.
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