A surge in dating violence in South Korea has led to an alarming number of deaths in recent years, but a lack of specific laws to address such violence has often allowed perpetrators to get away with lenient punishments, with experts underscoring the need for a stronger legal framework.

In one recent incident, a medical student in his 20s allegedly killed his victim on a high-rise rooftop in broad daylight when she demanded a breakup. Another case involved a man who unlawfully entered his former partner’s house and strangled her to death. In March, yet another man stabbed his ex-partner to death after she broke up with him.

These cases represent only a fraction of a concerning trend. The National Police Agency has reported a sharp increase in dating violence cases from about 49,000 in 2020 to a record high of more than 77,000 in 2023, with more than 19,000 reports so far this year.

However, out of nearly 14,000 alleged perpetrators of dating violence in 2023, only 310 individuals (2.22%) were arrested specifically for such crimes, the National Police Agency confirmed to Korea Pro.

The Korea Women’s Hotline has reported that at least 138 women were killed by their husbands or boyfriends in 2023. An additional 311 women survived attempted murder. According to the hotline, a woman faces the risk of being killed by her husband or male partner every 19 hours in South Korea.

The data reveals that 20% of perpetrators claim the crime was accidental or occurred in the heat of the moment. Other reasons perpetrators cited include demanding divorce or separation (18%), suspecting the victim’s relationships with other men (14%) and feeling ignored (4%).

The Korea Women’s Hotline emphasizes that “violence against women within intimate relationships is a continuum of violence and is never truly accidental.”

The Progressive Party calls for stronger punishment for illegal filming, stalking and crimes against women, Sept. 16, 2022 | Image: The Progressive Party

LEGAL CHALLENGES

Despite those alarming numbers, South Korea doesn’t have any laws specifically addressing dating violence, according to Kim Hyo-jung, a researcher from the Korean Women’s Development Institute, leading to cases being treated as assault or coercion crimes with relatively minor punishments compared to sexual crimes.

The Korea Women’s Hotline also asserts that courts sometimes accept perpetrators’ claims and mitigate sentences, treating the crime as “accidental.”

“Subtle manifestations of physical violence complicate the evidential process, making it difficult to prosecute perpetrators for assault or stalking,” Kim told Korea Pro.

Legal repercussions are also elusive when threats occur without a discernible pattern of repeated stalking.

“Victims may also face threats of suicide from perpetrators if they consider leaving the relationship, creating a situation where women feel compelled to stay in their marriages or relationships despite their desire to leave,” Kim added.

Without adequate measures, incidents persist, leading many individuals, primarily women, to seek online guidance for “safe breakup strategies.”

Exacerbating the issue, the departments responsible for investigating and handling dating violence cases have seen staff cuts, decreasing from almost 3,800 in 2021 to 3,700 in 2023.

INSUFFICIENT MEASURES

Despite the yearly increase in dating violence, post-monitoring of victims has decreased, prompting criticism that law enforcement agencies are failing to protect victims from retaliatory attacks from their male partners.

Yong Hye-in, a lawmaker from the minor opposition Basic Income Party, argued that the lack of victim protection leaves post-monitoring frequency decisions to the discretion of individual police officers. She emphasized the need to increase personnel and budgets for investigators and police officers dedicated to dating violence.

With the 21st National Assembly’s term nearing its end, all pending bills related to domestic violence, including dating violence, remain unresolved.

Main opposition Democratic Party lawmakers Kwon In-sook and Park Kwang-on introduced partial amendments to the existing Domestic Violence Prevention Act in 2021, aiming to expand its scope to include dating violence. Ruling People Power Party lawmaker Kim Mi-ae also proposed a separate bill for punishing dating violence in July 2022.

Despite four related bills being brought to the discussion table, none were passed in the 21st National Assembly.

“Although there have been some changes, the lack of a legal framework means support is provided based on operational guidelines rather than being officially mandated by law, emphasizing the need for a stronger framework to support victims,” Researcher Kim Hyo-jung from the Korean Women’s Development Institute told Korea Pro.

Dating violence is currently treated as a minor offense under general criminal laws, such as assault and coercion, making it difficult for law enforcement agencies to intervene when victims are unwilling to pursue a criminal complaint, according to researcher Kim.

Currently, as dating violence falls under assault or coercion crimes, it is subject to non-consensual crime regulations. This means that if dating violence victims express unwillingness to pursue punishment — potentially out of fear of facing retaliatory attacks from their male partners — no further punishment can be imposed on the perpetrator.

“There is no specific law supporting victims of intimate partner violence, as they are not covered under the Domestic Violence Punishment Act or any other specific law,” Kim told Korea Pro.

The Korean Women Lawyers Association (KWLA) states that the recent surge in dating violence reflects legislative gaps that fail to address the seriousness of dating violence crimes. Although legislators have proposed bills to establish legal grounds for victim protection measures, such as restraining orders against perpetrators, they have been stalled for years due to difficulties in defining “dating relationships.”

Additionally, Kim points out that while support for crime victims should be expanded, solely focusing on this would overlook numerous women who are victims of violence but are not classified as crime victims.

Basic Income Party lawmaker Yong Hye-in speaks at a protest against budget cuts for violence prevention and victim support in front of the National Assembly, Oct. 30, 2023 | Image: Korea Women’s Hotline

ONGOING DEBATES

Researcher Kim explained to Korea Pro that discussions have centered around whether to create a separate law for intimate partner violence or expand existing laws, like the Domestic Violence Punishment Act, to include intimate relationships.

There is also the issue of the South Korean government failing to prioritize the issue.

Despite the South Korean government passing a $1.2 billion (1.7 trillion won) budget for the Ministry of Gender Equality and Family this year, provisions for victims of gender-based violence are notably absent from the government’s definition of “welfare for the vulnerable.”

In fact, the budget for preventing gender-based violence and supporting victims has been reduced by $10 million (14 billion won), with the ministry attributing this to a focus on “efficiency through structural innovation in expenditures.”

The Korea Women’s Hotline has reported that the most significant cut, amounting to $23.8 million (32 billion won), is in the budget for operating domestic violence counseling centers. Although the ministry claims to expand support for various new crimes, such as stalking, digital sexual violence and dating violence, the actual budget allocation remains unchanged.

Researcher Kim emphasized the need for stronger awareness and support, noting that “misconceptions still prevail in society, such as questioning why victims of intimate partner violence don’t simply leave the relationship.”

Despite the challenges, Seoul is attempting to take action. The gender ministry held a specialized committee meeting on Tuesday to discuss measures for preventing dating violence and protecting victims.

Gender minister Shin Young-sook also stated the need to eradicate dating violence and strengthen victim protection, promising prompt action through cooperation with relevant ministries and experts.

“While there have been some amendments, a complete overhaul is necessary to effectively address the issues within intimate partner violence legislation and extend its coverage to include regulation of intimate partner violence or dating violence,” Kim told Korea Pro.

Edited by John Lee