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친밀한 관계로부터의 폭력이 가족법제에 미치는 영향과 금후의 피해자 지원 형태
The Impact of Domestic Violence to Family Law and the Future Direction of Victim Support
마츠무라우타코 ( Matsumura Utako )
아세아여성법학 19권 143-180(38pages)
UCI I410-ECN-0102-2018-300-000269825

When the violence from intimate partner is occurred in private space that called “Home”, mainly the violence is forced to women and children who are the weak members of family. In the Domestic Violence Prevention Act of 2001 (`DV Prevention Act`), DV is defined as “violence between spouses” and it seems to provide it in a gender-neutral way. But in the preface of the DV Act, it is in fact regarded as an issue of Violence Against Women (VAW), it is an issue of VAW in that most of the victims are women. The passage of the DV Prevention Act carries significance for the fact that it stipulates that DV is not merely a dispute between spouses, but that the Japanese Government bears responsibility for developing DV policy. On the other hand, 70 years have passed after the war, can the family law correspond to individual`s needs, while the trend has changed toward the nuclear family, increase of a dual career family and the state of the family and a way of thinking to the family diversity is verified as “single, unmarried, divorce and remarriage”? In fact, there are various situations that has come to clarify by gender unequalness and party`s asymmetry. In Japan, legal frameworks for DV, stalker, child abuse, elder abuse etc., that facilitate intervention into problems that arise between family members and other close relationships have been developed, but these are all codified in separate legal documents. In this Article, I will discuss how does the problem of violence from intimate partner concern to the family law, and what kind of modern problem has formed in the family law by DV, and what shall we do support for victims from now.

[자료제공 : 네이버학술정보]
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