Half of Domestic Violence Cases Not Investigated... 'Non-Prosecution Clause' Under Scrutiny

Average 238 Police Reports per Day
Most Cases Closed On-Site Without Formal Filing
Expert: "Punishment Should Proceed Regardless of Victim's Will"

Recently, incidents of dating violence have been increasing, but it has been found that more than half of these cases do not lead to formal case registration. This is due to the non-prosecution clause, which prevents investigations from being initiated if the victim does not wish to pursue punishment. Experts point out that this clause is practically a harmful provision, as victims find it difficult to express their intention to prosecute due to fear of retaliation.

According to the National Police Agency on the 19th, the number of reported dating violence cases from January to October this year reached 72,276, averaging 238 cases per day. Among these, 40,041 cases were closed on-site without being registered as formal cases, accounting for 55.4% of all reports.

Although referred to as 'dating violence' or 'date violence' against partners, there are no special legal provisions applied. Even if a partner is assaulted, general assault charges are applied. For non-sexual violence such as assault or threats, the criminal law recognizes these as offenses subject to the victim's non-prosecution consent, allowing perpetrators to easily evade legal consequences if the victim does not wish to press charges. Currently, stalking and domestic violence have legal protective measures for victims, but dating violence is still classified under offenses subject to the victim's non-prosecution consent.

Legislation related to dating violence has been proposed since the 20th National Assembly but has repeatedly expired without passage. Currently, in the 22nd National Assembly, three bills are pending that aim to include intimate partner violence within domestic violence crimes or exclude the application of the non-prosecution clause.

Experts emphasize the need for the abolition of the non-prosecution clause along with proactive response measures. Heo Min-sook, a legislative researcher at the National Assembly Legislative Research Office, stated, "The non-prosecution clause does not exist anywhere else in the world and is unique to our country, so its abolition is natural. Just as it was removed from the Stalking Punishment Act following the 2022 Sindang Station stalking murder case, it must be abolished before causing further harm."

Lee Yun-ho, a professor in the Department of Police Administration at Dongguk University, also said, "When dating violence occurs, judicial justice can be realized only when the perpetrator receives punishment corresponding to the crime committed, regardless of the victim's intention not to prosecute. Instead of giving victims smartwatches to monitor themselves, measures should be changed to prevent perpetrators from approaching victims in advance, such as by attaching electronic anklets to offenders."