Minister Won: "The Provision Barring Prosecution in Domestic Violence Cases Should Be Abolished"

A string of relationship-based crimes... "Work with the Justice Ministry"
Abolishing supplementary investigative authority... "Toward victim-centered investigations"

Won Mingyeong, Minister of Gender Equality and Family, said the provision barring prosecution when a victim objects to punishment in domestic violence cases should be abolished. The provision was introduced to balance the state's authority to punish with victims' right to self-determination, but it is being used by perpetrators as a means of avoiding punishment.

Appearing on the YouTube channel "Jang Yoon-sun's Reporting Convenience Store" on October 16, Minister Won said, "Since the work report briefing last December, I have repeatedly said that the provision barring prosecution when a victim objects to punishment for domestic violence offenses should be abolished. I remember that President Lee Jae-myung also agreed."

Gender Equality and Family Minister Won Mingyeong announces support measures to protect the rights of victims of gender-based violence in connection with the implementation of the Criminal Procedure Act at the Government Complex Seoul in Jongno-gu, Seoul, on Oct. 8, 2026. Photo by Cho Yongjun

The provision has been criticized for shifting the burden of handling cases onto victims and creating an incentive for perpetrators to pressure victims into reaching a settlement to avoid punishment. The provision was previously abolished for stalking offenses through a revision to the Stalking Punishment Act in June 2023, but domestic violence offenses remain subject to it.

"Punishing perpetrators is not under the jurisdiction of the Ministry of Gender Equality and Family, so we need to secure the cooperation of the Ministry of Justice," Minister Won said. "We will work to better hear what the public wants and ensure that what we hear is reflected across the government."

She also addressed concerns that abolishing the prosecution's supplementary investigative authority could create gaps in victim protection. "There is some anxiety, but I believe we should use this as an opportunity to ensure that investigations are victim-centered," Minister Won said. She added, "We will continue monitoring to ensure that the victim protection and support system functions properly. I believe we need to reverse the current situation so that investigative agencies and courts alike recognize that a victim-centered approach is fairness, and the public also takes an interest."

On concerns that access could be limited following the introduction of medication for abortion, she said, "We had no choice but to refer to the precedent that, when such medication is used without clinical trials, medical institutions should initially provide both diagnosis and dispensing." She continued, "Once research is conducted into the effects on women's health, I expect dispensing will be handled by pharmacies, as it is in most countries. We have also begun discussions on measures to improve access."

This content was produced with the assistance of AI translation services.