[The Society That Can't Break Up]② Dating Violence in Legal Blind Spots... Counseling and Punishment Are Difficult

Not Specified in Domestic, Stalking, and Violence Against Women Laws
Institutional Gap Persists, National Assembly Act Pending for 8 Years
Should Include 'Coercive Control' Violence Like the UK

Dating violence involving verbal and physical abuse in romantic or broken relationships, as well as frequent murders, occur often, but there are insufficient legal systems to regulate or punish them. Under current law, dating violence is not included within the category of violence, making it difficult to even define the situation victims are experiencing. Because of this, even when victims face risks such as violence from intimate relationships and seek help at police stations or counseling centers, it is difficult for them to receive practical support.

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In the nearly past decade, while related laws have been discarded in the National Assembly, a consensus is forming that discussions should begin on legal measures to respond from the early warning signs of dating violence.

One person suffers daily, but the system remains a blind spot

According to the manual specified in the Korean Women’s Human Rights Institute’s 'Women Violence Zoom-in' (sourced from Korea Women’s Hotline), dating violence refers to verbal, emotional, economic, sexual, and physical violence occurring in dating relationships. The types of dating violence include not only direct violent elements such as verbal abuse and assault but also economic elements like borrowing money and not repaying it, as well as controlling behaviors such as routinely controlling schedules, interfering, or restricting clothing choices.

National Assembly Main Chamber. Photo by Hyunmin Kim kimhyun81@

However, current laws related to violence, such as the Act on the Punishment of Domestic Violence Crimes, the Stalking Crime Punishment Act, and the Basic Act on the Prevention of Violence against Women, do not include provisions on dating violence. Under the Act on the Punishment of Domestic Violence Crimes, the subjects of domestic violence are limited to family members such as spouses and direct lineal relatives.

The Stalking Crime Punishment Act only regulates stalking acts such as 'approaching, following, or blocking the path of the other party or their cohabitant or family.' The Basic Act on the Prevention of Violence against Women broadly defines violence against women as 'damage caused by acts such as group bullying, assault or verbal abuse, and other acts causing mental or physical harm.'

Because of this, cases with the unique characteristics of romantic relationships, like dating violence, remain blind spots. Jeon Ji-hye, head of the Women’s Safety Planning Division at the National Police Agency, pointed out, "In the case of dating violence, there is no separate legal definition, so when assault, injury, or confinement occurs between lovers under existing criminal law, it is defined as 'dating violence.' The biggest difficulty is that simply saying 'hit' between lovers does not allow protection of the victim." She added, "In cases like stalking or domestic violence, restraining orders can be issued to protect victims, but this is not the case for dating violence."

"Support is difficult" even in related ministries and counseling agencies

The Ministry of Gender Equality and Family, the responsible ministry, provides counseling support for dating violence through its affiliated integrated counseling centers. Additionally, under the '2024 Women and Children’s Rights Promotion Project Operation Guidelines,' free legal and counseling support is provided for victims of domestic violence, sexual violence, stalking, and dating violence. However, since these are operated only through guidelines and manuals without legal grounds, victims often do not know about the support available or find it difficult to receive counseling referrals in certain situations.

Shin Bo-ra, president of the Korean Women’s Human Rights Institute, said, "Last year, the Ministry of Gender Equality and Family distributed operation guidelines and manuals so that dating violence victims could receive counseling, emergency protection, medical, legal, and housing support through victim support agencies, but there is a lack of policy promotion that dating violence victims can also receive support." She added, "The state must establish a system to protect and support dating violence victims."

Because of this, a considerable number of victims struggling with dating violence turn to private organizations. A representative from a private women’s violence counseling center lamented, "About 3 to 4 out of every 10 counseling cases received are related to dating violence. Since there is no related law, it is difficult to report to the police, making counseling and medical support challenging." They continued, "If it does not fall under the categories of women’s violence, sexual violence, or domestic violence, it is difficult to respond. Since there is no authority to investigate cases, sometimes conflicts are handled through civil lawsuits."

Abandoned bills for 8 years, 'coercive control' should be applied

In the National Assembly, several bills to define dating violence as a crime and protect victims have been proposed multiple times but have failed to pass or have been shelved or discarded. Since the 19th National Assembly, when former Democratic Party lawmaker Park Nam-chun introduced the 'Special Act on the Punishment of Dating Violence Crimes,' a total of eight bills related to dating violence have been proposed up to the 21st National Assembly.

The proposed bills mainly aimed to separately specify 'dating violence crimes' as special laws to enable victim protection measures such as restraint and punishment or to include them under the current Act on the Punishment of Domestic Violence Crimes. Additionally, active measures such as separating victims and perpetrators (proposed by former lawmaker Shin Bo-ra and others) were seen as necessary. Bills to exclude the application of the 'non-prosecution upon victim’s withdrawal' clause (proposed by Kim Mi-ae of the People Power Party and others) were also introduced.

Overseas, many countries explicitly specify in law that violence occurring in intimate dating relationships can be punished. The UK’s 'Domestic Violence Prevention Act' defines domestic violence as 'violent acts between individuals aged 16 or older who have a personal relationship.' This means that the law applies not only to violence occurring among family members related by blood or marriage but also to violence occurring in personally intimate relationships.

In particular, academia analyzes that beyond simple legal definitions of dating violence, the controlling nature occurring between lovers itself should be included within the scope of domestic violence. This is because fundamental measures are needed to prevent serious violence and murder at an early stage. UK law also includes 'coercive control' as an element of domestic violence, allowing punishment for acts that deprive the other party’s freedom through coercive and controlling behavior.

Kim Sang-gyun, professor of Police Science at Baekseok University, said, "The key is how far coercive control is defined and how clearly the concept of control can be defined." He added, "Analyzing certain patterns found in controlling behaviors from cases of victimized women at counseling centers and concretizing the elements of the crime could be a method." He emphasized, "It is also necessary to supplement the fact that punishments are minimal in investigations and trials simply because the incidents occur in intimate relationships."

Ultimately, there are calls for comprehensive amendments to violence laws that can reflect this. The bills currently proposed in the National Assembly are insufficient to respond at the prevention stage. Kim Su-jeong, director of the Korea Women’s Hotline Counseling Center, said, "The current Act on the Punishment of Domestic Violence Crimes was created to maintain the family, so victim protection is not well implemented. Since the types of crimes such as dating violence are subdivided, legal amendments that can encompass various crimes are necessary."

Editor's Note1.23 people per day on average. This was the number of women last year who were killed or nearly killed by male partners in romantic relationships. Still, countless women in our society tremble in fear, feeling their lives threatened by their partners. Experts emphasize that the early warning sign of dating violence is the 'desire to control' the other party. Asia Economy examines, over two installments, cases of dating violence that are difficult to recognize as violence and the legal alternatives needed to prevent it.