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Conceptualizing Emotional Domestic Violence and Supporting its Victims
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가정 내 정서적 폭력에 대한 개념적 이해와 피해자 보호

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Type
Academic journal
Author
Sung-Won Moon (우석대학교)
Journal
Korean Association of Victimology 피해자학연구 피해자학연구 제28권 제2호 KCI Accredited Journals
Published
2020.1
Pages
1 - 44 (44page)

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Conceptualizing Emotional Domestic Violence and Supporting its Victims
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About 20 years have passed since the “Act on special cases concerning the punishment, etc. of crimes of domestic violence”, and the “Act on the prevention of domestic violence and protection, etc. of victims” were enacted in Korea. However, the victims of domestic violence are still not properly protected by the law because of an excessive focus on maintaining the family rather than protecting domestic victims’ human rights, as in the “Act on special cases concerning the punishment, etc. of crimes of domestic violence”. In many cases, even the victims of severe physical violence were not protected by the law. People are not naturally aware that the victims of emotional violence with non-physical harm have to be protected, even though emotional violence is the most frequently reported violence among all types of domestic violence. Emotional child abuse was legally defined by the Supreme Court of Korea in 2011 for the first time. This definition considers physical violence to be more severe violence than emotional violence. However, in 2015 the Constitutional Court of Korea decided that emotional violence is equally as violent as physical violence. This study attempted to conceptualize the interrelated and overlapping concepts of emotional domestic violence, including violence, abuse, and neglect, in order to prepare for the first steps in supporting victims of emotional violence. After which, legislations for domestic violence are explored with the goal of supplementing the gap between the specification of emotional violence and related legislations. This study then explored the weaknesses and defects of the legal and social systems devoted to addressing emotional violence. Finally, this study suggested comprehensive future directionsfor supporting victims of emotional violence and violence prevention including:the need to use common terminology for this violence among government parties, specialist qualifications for this field, the need to understand emotional neglect as violence, and the need to educate the respect to personal boundaries.

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