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가정 내 폭력범죄 감소 및 예방을 위한 사회안전망 강화에 관한 연구
경제 인문사회연구회 협동연구 총서 17-45-01
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| Publication Date | 2017/12/01 |
| Pages/Weight/Size | 171*251*38mm |
| ISBN | 9791187160731 |
Contents
국문요약 ··············································································1
제1부 개 관 ·································································17
제1장 서 론 윤정숙 ······················································19
제1절 연구목적 ···························································································21
제2절 연구범위 및 방법 ·············································································25
제3절 보고서의 구성 ···················································································26
제2장 가정 내 폭력의 발생 및 사법처리 현황
윤정숙이승현 ·····················································29
제1절 가정 내 폭력의 발생현황 ·································································31
1. 가정폭력(배우자폭력) ···················································································31
2. 아동학대 ········································································································32
3. 노인학대 ········································································································33
제2절 가정 내 폭력범죄 처리실태 ······························································34
1. 경찰의 가정 내 폭력범죄 처리실태 ····························································34
가. 가정 내 폭력범죄 현황 ··················································································34
나. 가정폭력 전담경찰관의 활동 ·········································································37
2. 검찰의 가정 내 폭력범죄 처리실태 ····························································38
3. 법원의 가정 내 폭력범죄 처리실태 ····························································40
4. 소결 ···············································································································43
목 차
ii 가정 내 폭력범죄 감소 및 예방을 위한 사회안전망 강화에 관
목차 iii
3. 가정폭력 신고절차 ·····················································································102
4. 경찰의 가정폭력 대응절차 ········································································103
5. 검찰의 가정폭력사건 대응절차 ·································································105
6. 법원의 가정폭력사건 대응절차 ·································································109
7. 의무위반에 대한 제재 ················································································117
제3절 가정폭력방지법상 피해자 보호 및 지원 ·········································118
1. 국가 및 지방자치단체의 책임과 의무 ······················································118
2. 가정폭력 피해자에 대한 지원 ···································································119
3. 가정폭력 피해자보호를 위한 시설의 운영 지원 ······································120
제2장 한국의 아동학대 관련법제 분석 이승현 ··········121
제1절 한국의 아동학대 관련 법률의 변화흐름 ·········································123
제2절 아동학대처벌법상 사건처리절차 ·····················································124
1. 아동학대의 정의개념 ··················································································124
2. 아동학대의 신고절차 ··················································································129
3. 경찰 및 아동보호전문기관의 대응절차 ····················································130
4. 검찰의 아동학대 대응절차 ········································································132
5. 법원의 아동학대 대응절차 ········································································133
6. 아동학대 행위자에 대한 제재 ···································································136
제3절 아동복지법상 피해자 보호 및 지원 ···············································136
1. 아동학대의 개념 ·························································································136
2. 아동복지법상 금지행위 ··············································································136
3. 아동학대행위자에 대한 개입 ·····································································141
4. 피해아동 및 가족에 대한 지원 ·································································141
iv 가정 내 폭력범죄 감소 및 예방을 위한 사회안전망 강화에 관한 연구
제3장 한국의 노인학대 관련법제 분석 이승현 ··········143
제1절 한국의 노인학대 관련법률의 변화흐름 ···········································145
제2절 노인복지법상 피해자 보호 및 지원 ···············································147
1. 노인학대의 개념과 종류 ············································································147
2. 노인학대 신고절차 ·····················································································148
3. 경찰과 노인보호전문기관의 대응절차 ······················································149
4. 학대행위자에 대한 제재 ············································································149
제4장 한국의 가정 내 폭력범죄 관련법제의
문제점 이승현 ··················································151
제1절 관련 법률의 산재로 인한 문제 ······················································153
1. 가정 내 폭력범죄 유형별 관련법이 다름으로 인한 문제 ·······················153
2. 처벌법과 방지법의 이분화로 인한 문제 ··················································154
제2절 가정폭력 관련법제의 문제점 ··························································154
1. 가정폭력처벌법 입법목적의 한계 ······························································154
2. 가정폭력처벌법상 행위유형의 문제점 ······················································155
3. 가정폭력 신고관련 규정의 문제점 ····························································155
4. 가정폭력사건 처리절차상 문제점 ······························································156
5. 가정폭력 행위자에 대한 제재조치 미흡 ··················································160
6. 피해자에 대한 보호 및 지원 부족 ···························································161
제3절 아동학대 관련법제의 문제점 ··························································162
1. 학대의 개념에 관한 문제 ··········································································162
2. 아동학대 신고관련 문제점 ········································································163
3. 아동학대 행위자에 대한 제재 ···································································164
4. 아동학대 피해자 보호 및 지원상 문제점 ················································164
제4절 노인학대 관련법제의 문제점 ··························································164
1. 학대 개념의 불명확 ···················································································164
목차 v
2. 노인학대 사건처리를 위한 법제 부재 ······················································165
3. 신고의무자의 신고의식 결여 ·····································································165
4. 노인학대 행위자에 대한 제재규정 부재 ··················································165
5. 노인학대 피해자의 보호 및 지원체계 미흡 ·············································166
제3부 가정 내 폭력범죄 방지를 위한 사회적
지원서비스체계 ················································167
제1장 사회안전망의 개념과 제도 김미숙김유경김지민 ··169
제1절 ‘사회안전망’의 개념 ·······································································171
1. ‘사회안전망’의 개념: 국제기구의 정의 ····················································171
2. 국내의 정의 ································································································174
제2절 보호지원이 필요한 가정을 위한 사회서비스 제도 ·······················176
1. 취약위기가족 지원제도 ··············································································176
2. 아동가구 지원제도 ·····················································································213
제2장 가정 내 폭력 가피해자 보호 및
지원서비스 김미숙김유경김지민 ························233
제1절 배우자폭력 가피해자 보호 및 지원서비스 ···································235
1. 신고 및 발견 ······························································································235
2. 서비스 제공 ································································································239
3. 사후관리 ······································································································251
4. 소결 ·············································································································254
제2절 아동학대 가피해자 보호 및 지원서비스 ·······································256
1. 신고 및 발견 ······························································································256
2. 서비스 제공 ································································································261
vi 가정 내 폭력범죄 감소 및 예방을 위한 사회안전망 강화에 관한 연구
3. 사후관리 ······································································································266
4. 소결 ·············································································································267
제3절 노인학대 가피해자 보호 및 지원서비스 ·······································268
1. 신고 및 발견 ······························································································268
2. 서비스 제공 ································································································274
3. 사후관리 ······································································································278
4. 소결 ·············································································································279
제4부 가정 내 폭력 대응현황 조사 ··························281
제1장 표적집단면접(FGI) 조사 윤정숙 ·······················283
제1절 조사방법과 내용 ·············································································285
1. 조사대상자 ··································································································285
2. 조사내용 ······································································································286
3. 조사방법 ······································································································289
제2절 FGI 조사 결과 ···············································································289
1. 피해자지원기관 대상 FGI 조사 결과 ·······················································289
2. 법집행기관 종사자 FGI 조사 결과 ··························································305
제2장 설문조사 윤정숙 ···············································311
제1절 조사방법과 내용 ·············································································313
1. 조사대상자 ··································································································313
2. 조사내용 ······································································································314
3. 조사방법 ······································································································318
제2절 피해자지원기관 종사자 관점에서 본 대응현황 및 문제점 ·············320
1. 조사대상자의 일반적 특성 ········································································320
2. 가정 내 폭력 피해자에 대한 사회서비스 ················································322
3. 가정 내 폭력 피해자 지원법률 관련 인식 ···············································348
목차 vii
제3절 법집행기관 종사자 관점에서 본 대응현황 및 문제점 ····················359
1. 조사대상자의 사회인구학적 특성 ······························································359
2. 가정폭력 가피해자에 대한 법집행 서비스 ·············································361
3. 가정 내 폭력 피해자 지원법률 관련 인식 ···············································375
제4절 법집행기관과 피해자지원기관 종사자 간의 응답비교 ····················384
1. 가정 내 폭력에 대한 정의 및 관점 ·························································384
2. 사회서비스 연계 ·························································································386
3. 가정 내 폭력재발 원인 ··············································································395
4. 가정 내 폭력 피해자 지원법률 관련 인식 ···············································397
제5절 소결 ································································································407
제5부 외국의 가정 내 폭력범죄 관련법제 분석 ·······413
제1장 일본의 가정 내 폭력범죄 관련법제 분석
이승현 ·····························································415
제1절 일본의 배우자폭력 관련법제 분석 ·················································417
1. 배우자폭력의 발생 및 처리실태 ·······························································417
2. 배우자폭력 관련법제의 변화흐름 ······························································423
3. 배우자폭력방지법(DV법)의 주요내용 ·······················································426
제2절 일본의 아동학대 관련법제 분석 ·····················································434
1. 아동학대 발생 및 처리실태 ·······································································434
2. 아동학대 관련법제의 변화흐름 ·································································439
3. 아동학대방지법의 주요내용 ·······································································442
제3절 일본의 노인학대 관련법제 분석 ·····················································448
1. 노인학대 발생 실태 ···················································································448
2. 노인학대 관련법제의 변화흐름 ·································································451
3. 고령자학대방지법상 보호자에 의한 노인학대 보호 ································452
4. 민법상 노인학대행위자에 대한 상속 배제 ···············································455
viii 가정 내 폭력범죄 감소 및 예방을 위한 사회안전망 강화에 관한 연구
제4절 일본의 가정 내 폭력범죄 관련법제의 시사점 ································456
1. 가정폭력 관련법제의 시사점 ·····································································456
2. 아동학대 관련법제의 시사점 ·····································································457
3. 노인학대 관련법제의 시사점 ·····································································458
제2장 미국의 가정 내 폭력범죄 관련
입법체계 분석 이승현 ·······································461
제1절 미국의 가정폭력 관련법제 분석 ·····················································463
1. 가정폭력의 발생 및 처리실태 ···································································463
2. 가정폭력 관련법제의 변화흐름 ·································································467
3. 여성폭력방지법(Violence Against Women Act: VAWA) ··················469
4. 가정 및 가정폭력 모델법 ··········································································471
5. 의무적 체포법(The Mandatory Arrest Law) ·······································474
6. 기소강제주의(No-Drop) ···········································································474
7. 각 주의 보호명령제도 ················································································475
8. 워싱턴주 지침상 폭력피해자의 정보보호 ·················································478
9. 가정폭력 관련 개별주법 ············································································478
제2절 미국의 아동학대 관련법제 분석 ·····················································480
1. 아동학대의 발생실태 ··················································································480
2. 아동학대 관련법제의 변화흐름 ·································································484
3. 아동학대 예방 및 치료에 관한 법률(CAPTA) ········································486
4. 아동학대 신고법(Mandatory Child Abuse Reporting Law) ············488
제3절 미국의 노인학대 관련법제 분석 ·····················································489
1. 노인학대의 발생실태 ··················································································489
2. 노인학대 관련법제의 변화흐름 ·································································492
3. 형법상 노인학대 처벌 ················································································492
4. 노인사법법(Elder Justice Act of 2009) ················································493
5. 미국 노인복지법(The Older Americans Act) ······································494
목차 ix
6. 노인학대 피해자법(Elder Abuse Victims Act of 2009) ····················496
7. 관련 주법 ····································································································496
제4절 미국의 가정 내 폭력범죄 관련법제의 시사점 ································498
1. 미국 가정폭력 관련법제의 시사점 ····························································498
2. 미국 아동학대 관련법제의 시사점 ····························································499
3. 미국 노인학대 관련법제의 시사점 ····························································500
제3장 영국의 가정 내 폭력범죄 관련
입법체계 분석 이승현 ·······································501
제1절 영국의 가정폭력 관련법제 분석 ·····················································503
1. 영국의 가정폭력 발생 및 처리실태 ··························································503
2. 영국 가정폭력 관련법제의 변화흐름 ························································514
3. 영국 가정폭력 관련법제의 주요내용 ························································516
4. 기타 가정폭력 관련제도 ············································································523
제2절 영국의 아동학대 관련법제 분석 ·····················································525
1. 아동학대의 발생 및 처리실태 ···································································525
2. 영국 아동학대 관련법제 변화흐름 ····························································531
제3절 영국 노인학대 관련법제 분석 ························································533
1. 노인학대의 발생 실태 ················································································533
2. 영국 노인학대 관련법제의 변화흐름 ························································534
3. 영국 노인학대 관련법률의 주요내용 ························································534
제4절 영국의 가정 내 폭력범죄 관련법제의 시사
x 가정 내 폭력범죄 감소 및 예방을 위한 사회안전망 강화에 관한 연구
제4장 독일의 가정 내 폭력범죄
관련법제 분석 이승현 ·······································539
제1절 독일의 가정폭력 관련법제 분석 ·····················································541
1. 독일 가정폭력의 발생 실태 ·······································································541
2. 독일 가정폭력 관련법제의 변화흐름 ························································544
3. 독일 폭력보호법(Gewaltschutgesetz) ·····················································546
4. 독일형법(Strafgesetz) ···············································································547
제2절 독일의 아동학대 관련법제 분석 ·····················································549
1. 독일 아동학대 발생 및 처리실태 ·····························································549
2. 독일 아동학대 관련법제의 변화흐름 ························································551
3. 독일 아동학대 관련법제의 주요내용 ························································552
제3절 독일의 노인학대 관련법제 분석 ·····················································554
제4절 독일의 가정 내 폭력범죄 관련법제의 시사점 ································554
제6부 가정 내 폭력범죄 감소 및 예방을 위한
사회안전망 강화방안 ·······································557
제1장 가정 내 폭력범죄 감소 및 예방을 위한
입법적 개선방안 이승현 ··································559
제1절 가정 내 폭력범죄 관련입법체계에 대한 고찰 ································561
1. 입법목적의 변화 필요성에 대한 고찰 ······················································561
2. 복지와 처벌로 이분화된 법체계에 대한 고찰 ·········································563
3. 보호처분과 형사처분의 이원화된 체계에 대한 고찰 ······························565
제2절 가정 내 폭력범죄 유형별 접근방안 ···············································566
1. 가정 내 폭력범죄 개념의 다변화 ·····························································566
2. 노인학대특례법의 제정 필요성 검토 ························································570
목차 xi
제3절 가정 내 폭력범죄 신고절차의 개선방안 ·········································570
1. 신고의무 대상자군의 확대 ········································································570
2. 신고의무자에 대한 교육 및 제재 강화 ····················································571
3. 신고의무자에 대한 소추면제 조항 신설 ··················································573
4. 신고자에 대한 보호장치 강화 ···································································573
제4절 신속정확한 사건처리를 위한 법제개선방안 ··································574
1. 경찰의 사건처리절차 개선방안 ·································································574
2. 검찰의 사건처리절차 개선방안 ·································································577
3. 법원의 사건처리절차 개선방안 ·································································579
제5절 행위자의 폭력행위 감소 및 예방을 위한 입법적 개선방안 ···········583
1. 행위자의 폭력행위 감소를 위한 처분방안 ···············································583
2. 제재 위반에 대한 강제 ··············································································585
3. 행위자 처우 개선을 위한 방안 ·································································587
제6절 가정 내 폭력범죄 피해자에 대한 법적 보호 및 지원방안 ·············588
1. 피해자변호사제도 도입 ··············································································588
2. 증인지원시설 설치 ·····················································································589
3. 노인학대 피해자 지원을 위한 성년후견인제도 활용 ······························589
4. 학대행위자에 대한 상속제한 ·····································································590
제2장 가정 내 폭력범죄 감소 및 예방을 위한
서비스체계 개선방안 김미숙김유경김지민 ·········591
제1절 사회안전망 체계의 건전성 및 공공성 강화 ···································593
1. 기초적 사회복지서비스 체계의 건전성 강화 ···········································593
2. 가정 내 폭력 관련 서비스 전달체계의 공공성 강화 ······························596
제2절 가정 내 폭력에 대응한 사회문화적 의식의 개선 ···························598
1. 폭력허용 사회문화적 규범개선을 위한 다각적 모색 ······························598
2. 신고의무기관의 신고활성화를 통한 가정 내 폭력의 일차적 인지 확대 598
3. 범국가적 의식개혁 운동 강화 ···································································599
xii 가정 내 폭력범죄 감소 및 예방을 위한 사회안전망 강화에 관한 연구
제3장 가정 내 폭력범죄 감소 및 예방을 위한 다기관
협력체계 활성화 방안 윤정숙 ··························601
제1절 가정 내 폭력에 대응한 다기관 협력 강화를 위한 기본 원칙 ·······603
1. 제 1원칙: 피해자 중심의 서비스 ······························································603
2. 제 2원칙: 주도 기관의 정립 ·····································································605
3. 제 3원칙: 서비스의 균등성 담보 ······························································606
제2절 경계와 연계의 강화 ········································································608
1. 가정 내 폭력 관련 기관 간에 ‘경계’ 강화 ··············································608
2. 가정 내 폭력 기관 간에 ‘연계’ 강화 ·······················································609
제3절 기관 간의 정보 공유화 ··································································611
1. 가정폭력 피해자의 정보 공유를 통한 통합적 접근 기반 마련 ··············611
2. 아동학대 빅데이터 구축 ············································································611
3. 노인학대 DB 구축 ·····················································································612
제4절 다기관협력방안의 체계화: 위험등급에 따른 형사정책적 관리 ·······613
1. 위험성 평가도구의 개발 및 위험등급에 따른 관리의 체계화 ················613
2. 중저위험군에 대한 비형사적 서비스 관리 강화 ····································614
3. 고위험군에 대한 형사적 사법관리 강화 ··················································615
참고문헌 ··········································································617
Abstract ·········································································647
부록 ················································································655
[부록 1] 피해자지원기관 종사자 설문조사지 ············································655
[부록 2] 법집행기관 경찰관 설문조사지 ··················································667
목차 xiii
[부록 3] 법집행기관 보호관찰관 설문조사지 ············································678
[부록 4] 형사사법종사자 FGI 질문지 ·······················································689
[부록 5] 피해자 보호지원기관 종사자 FGI 질문지 ··································693
[부록 6] IDVA 사용 위험 확인 체크리스트
(CAADA-DASH Risk Identification Checklist) ··················701
[부록 7] MARAC Referral form ···························································704
[부록 8] DASH ························································································706
[부록 9] DASH 스토킹 및 성적괴롭힘 측정 문항 ··································708
[부록 10] V-DASH ·················································································710
제1부 개 관 ·································································17
제1장 서 론 윤정숙 ······················································19
제1절 연구목적 ···························································································21
제2절 연구범위 및 방법 ·············································································25
제3절 보고서의 구성 ···················································································26
제2장 가정 내 폭력의 발생 및 사법처리 현황
윤정숙이승현 ·····················································29
제1절 가정 내 폭력의 발생현황 ·································································31
1. 가정폭력(배우자폭력) ···················································································31
2. 아동학대 ········································································································32
3. 노인학대 ········································································································33
제2절 가정 내 폭력범죄 처리실태 ······························································34
1. 경찰의 가정 내 폭력범죄 처리실태 ····························································34
가. 가정 내 폭력범죄 현황 ··················································································34
나. 가정폭력 전담경찰관의 활동 ·········································································37
2. 검찰의 가정 내 폭력범죄 처리실태 ····························································38
3. 법원의 가정 내 폭력범죄 처리실태 ····························································40
4. 소결 ···············································································································43
목 차
ii 가정 내 폭력범죄 감소 및 예방을 위한 사회안전망 강화에 관
목차 iii
3. 가정폭력 신고절차 ·····················································································102
4. 경찰의 가정폭력 대응절차 ········································································103
5. 검찰의 가정폭력사건 대응절차 ·································································105
6. 법원의 가정폭력사건 대응절차 ·································································109
7. 의무위반에 대한 제재 ················································································117
제3절 가정폭력방지법상 피해자 보호 및 지원 ·········································118
1. 국가 및 지방자치단체의 책임과 의무 ······················································118
2. 가정폭력 피해자에 대한 지원 ···································································119
3. 가정폭력 피해자보호를 위한 시설의 운영 지원 ······································120
제2장 한국의 아동학대 관련법제 분석 이승현 ··········121
제1절 한국의 아동학대 관련 법률의 변화흐름 ·········································123
제2절 아동학대처벌법상 사건처리절차 ·····················································124
1. 아동학대의 정의개념 ··················································································124
2. 아동학대의 신고절차 ··················································································129
3. 경찰 및 아동보호전문기관의 대응절차 ····················································130
4. 검찰의 아동학대 대응절차 ········································································132
5. 법원의 아동학대 대응절차 ········································································133
6. 아동학대 행위자에 대한 제재 ···································································136
제3절 아동복지법상 피해자 보호 및 지원 ···············································136
1. 아동학대의 개념 ·························································································136
2. 아동복지법상 금지행위 ··············································································136
3. 아동학대행위자에 대한 개입 ·····································································141
4. 피해아동 및 가족에 대한 지원 ·································································141
iv 가정 내 폭력범죄 감소 및 예방을 위한 사회안전망 강화에 관한 연구
제3장 한국의 노인학대 관련법제 분석 이승현 ··········143
제1절 한국의 노인학대 관련법률의 변화흐름 ···········································145
제2절 노인복지법상 피해자 보호 및 지원 ···············································147
1. 노인학대의 개념과 종류 ············································································147
2. 노인학대 신고절차 ·····················································································148
3. 경찰과 노인보호전문기관의 대응절차 ······················································149
4. 학대행위자에 대한 제재 ············································································149
제4장 한국의 가정 내 폭력범죄 관련법제의
문제점 이승현 ··················································151
제1절 관련 법률의 산재로 인한 문제 ······················································153
1. 가정 내 폭력범죄 유형별 관련법이 다름으로 인한 문제 ·······················153
2. 처벌법과 방지법의 이분화로 인한 문제 ··················································154
제2절 가정폭력 관련법제의 문제점 ··························································154
1. 가정폭력처벌법 입법목적의 한계 ······························································154
2. 가정폭력처벌법상 행위유형의 문제점 ······················································155
3. 가정폭력 신고관련 규정의 문제점 ····························································155
4. 가정폭력사건 처리절차상 문제점 ······························································156
5. 가정폭력 행위자에 대한 제재조치 미흡 ··················································160
6. 피해자에 대한 보호 및 지원 부족 ···························································161
제3절 아동학대 관련법제의 문제점 ··························································162
1. 학대의 개념에 관한 문제 ··········································································162
2. 아동학대 신고관련 문제점 ········································································163
3. 아동학대 행위자에 대한 제재 ···································································164
4. 아동학대 피해자 보호 및 지원상 문제점 ················································164
제4절 노인학대 관련법제의 문제점 ··························································164
1. 학대 개념의 불명확 ···················································································164
목차 v
2. 노인학대 사건처리를 위한 법제 부재 ······················································165
3. 신고의무자의 신고의식 결여 ·····································································165
4. 노인학대 행위자에 대한 제재규정 부재 ··················································165
5. 노인학대 피해자의 보호 및 지원체계 미흡 ·············································166
제3부 가정 내 폭력범죄 방지를 위한 사회적
지원서비스체계 ················································167
제1장 사회안전망의 개념과 제도 김미숙김유경김지민 ··169
제1절 ‘사회안전망’의 개념 ·······································································171
1. ‘사회안전망’의 개념: 국제기구의 정의 ····················································171
2. 국내의 정의 ································································································174
제2절 보호지원이 필요한 가정을 위한 사회서비스 제도 ·······················176
1. 취약위기가족 지원제도 ··············································································176
2. 아동가구 지원제도 ·····················································································213
제2장 가정 내 폭력 가피해자 보호 및
지원서비스 김미숙김유경김지민 ························233
제1절 배우자폭력 가피해자 보호 및 지원서비스 ···································235
1. 신고 및 발견 ······························································································235
2. 서비스 제공 ································································································239
3. 사후관리 ······································································································251
4. 소결 ·············································································································254
제2절 아동학대 가피해자 보호 및 지원서비스 ·······································256
1. 신고 및 발견 ······························································································256
2. 서비스 제공 ································································································261
vi 가정 내 폭력범죄 감소 및 예방을 위한 사회안전망 강화에 관한 연구
3. 사후관리 ······································································································266
4. 소결 ·············································································································267
제3절 노인학대 가피해자 보호 및 지원서비스 ·······································268
1. 신고 및 발견 ······························································································268
2. 서비스 제공 ································································································274
3. 사후관리 ······································································································278
4. 소결 ·············································································································279
제4부 가정 내 폭력 대응현황 조사 ··························281
제1장 표적집단면접(FGI) 조사 윤정숙 ·······················283
제1절 조사방법과 내용 ·············································································285
1. 조사대상자 ··································································································285
2. 조사내용 ······································································································286
3. 조사방법 ······································································································289
제2절 FGI 조사 결과 ···············································································289
1. 피해자지원기관 대상 FGI 조사 결과 ·······················································289
2. 법집행기관 종사자 FGI 조사 결과 ··························································305
제2장 설문조사 윤정숙 ···············································311
제1절 조사방법과 내용 ·············································································313
1. 조사대상자 ··································································································313
2. 조사내용 ······································································································314
3. 조사방법 ······································································································318
제2절 피해자지원기관 종사자 관점에서 본 대응현황 및 문제점 ·············320
1. 조사대상자의 일반적 특성 ········································································320
2. 가정 내 폭력 피해자에 대한 사회서비스 ················································322
3. 가정 내 폭력 피해자 지원법률 관련 인식 ···············································348
목차 vii
제3절 법집행기관 종사자 관점에서 본 대응현황 및 문제점 ····················359
1. 조사대상자의 사회인구학적 특성 ······························································359
2. 가정폭력 가피해자에 대한 법집행 서비스 ·············································361
3. 가정 내 폭력 피해자 지원법률 관련 인식 ···············································375
제4절 법집행기관과 피해자지원기관 종사자 간의 응답비교 ····················384
1. 가정 내 폭력에 대한 정의 및 관점 ·························································384
2. 사회서비스 연계 ·························································································386
3. 가정 내 폭력재발 원인 ··············································································395
4. 가정 내 폭력 피해자 지원법률 관련 인식 ···············································397
제5절 소결 ································································································407
제5부 외국의 가정 내 폭력범죄 관련법제 분석 ·······413
제1장 일본의 가정 내 폭력범죄 관련법제 분석
이승현 ·····························································415
제1절 일본의 배우자폭력 관련법제 분석 ·················································417
1. 배우자폭력의 발생 및 처리실태 ·······························································417
2. 배우자폭력 관련법제의 변화흐름 ······························································423
3. 배우자폭력방지법(DV법)의 주요내용 ·······················································426
제2절 일본의 아동학대 관련법제 분석 ·····················································434
1. 아동학대 발생 및 처리실태 ·······································································434
2. 아동학대 관련법제의 변화흐름 ·································································439
3. 아동학대방지법의 주요내용 ·······································································442
제3절 일본의 노인학대 관련법제 분석 ·····················································448
1. 노인학대 발생 실태 ···················································································448
2. 노인학대 관련법제의 변화흐름 ·································································451
3. 고령자학대방지법상 보호자에 의한 노인학대 보호 ································452
4. 민법상 노인학대행위자에 대한 상속 배제 ···············································455
viii 가정 내 폭력범죄 감소 및 예방을 위한 사회안전망 강화에 관한 연구
제4절 일본의 가정 내 폭력범죄 관련법제의 시사점 ································456
1. 가정폭력 관련법제의 시사점 ·····································································456
2. 아동학대 관련법제의 시사점 ·····································································457
3. 노인학대 관련법제의 시사점 ·····································································458
제2장 미국의 가정 내 폭력범죄 관련
입법체계 분석 이승현 ·······································461
제1절 미국의 가정폭력 관련법제 분석 ·····················································463
1. 가정폭력의 발생 및 처리실태 ···································································463
2. 가정폭력 관련법제의 변화흐름 ·································································467
3. 여성폭력방지법(Violence Against Women Act: VAWA) ··················469
4. 가정 및 가정폭력 모델법 ··········································································471
5. 의무적 체포법(The Mandatory Arrest Law) ·······································474
6. 기소강제주의(No-Drop) ···········································································474
7. 각 주의 보호명령제도 ················································································475
8. 워싱턴주 지침상 폭력피해자의 정보보호 ·················································478
9. 가정폭력 관련 개별주법 ············································································478
제2절 미국의 아동학대 관련법제 분석 ·····················································480
1. 아동학대의 발생실태 ··················································································480
2. 아동학대 관련법제의 변화흐름 ·································································484
3. 아동학대 예방 및 치료에 관한 법률(CAPTA) ········································486
4. 아동학대 신고법(Mandatory Child Abuse Reporting Law) ············488
제3절 미국의 노인학대 관련법제 분석 ·····················································489
1. 노인학대의 발생실태 ··················································································489
2. 노인학대 관련법제의 변화흐름 ·································································492
3. 형법상 노인학대 처벌 ················································································492
4. 노인사법법(Elder Justice Act of 2009) ················································493
5. 미국 노인복지법(The Older Americans Act) ······································494
목차 ix
6. 노인학대 피해자법(Elder Abuse Victims Act of 2009) ····················496
7. 관련 주법 ····································································································496
제4절 미국의 가정 내 폭력범죄 관련법제의 시사점 ································498
1. 미국 가정폭력 관련법제의 시사점 ····························································498
2. 미국 아동학대 관련법제의 시사점 ····························································499
3. 미국 노인학대 관련법제의 시사점 ····························································500
제3장 영국의 가정 내 폭력범죄 관련
입법체계 분석 이승현 ·······································501
제1절 영국의 가정폭력 관련법제 분석 ·····················································503
1. 영국의 가정폭력 발생 및 처리실태 ··························································503
2. 영국 가정폭력 관련법제의 변화흐름 ························································514
3. 영국 가정폭력 관련법제의 주요내용 ························································516
4. 기타 가정폭력 관련제도 ············································································523
제2절 영국의 아동학대 관련법제 분석 ·····················································525
1. 아동학대의 발생 및 처리실태 ···································································525
2. 영국 아동학대 관련법제 변화흐름 ····························································531
제3절 영국 노인학대 관련법제 분석 ························································533
1. 노인학대의 발생 실태 ················································································533
2. 영국 노인학대 관련법제의 변화흐름 ························································534
3. 영국 노인학대 관련법률의 주요내용 ························································534
제4절 영국의 가정 내 폭력범죄 관련법제의 시사
x 가정 내 폭력범죄 감소 및 예방을 위한 사회안전망 강화에 관한 연구
제4장 독일의 가정 내 폭력범죄
관련법제 분석 이승현 ·······································539
제1절 독일의 가정폭력 관련법제 분석 ·····················································541
1. 독일 가정폭력의 발생 실태 ·······································································541
2. 독일 가정폭력 관련법제의 변화흐름 ························································544
3. 독일 폭력보호법(Gewaltschutgesetz) ·····················································546
4. 독일형법(Strafgesetz) ···············································································547
제2절 독일의 아동학대 관련법제 분석 ·····················································549
1. 독일 아동학대 발생 및 처리실태 ·····························································549
2. 독일 아동학대 관련법제의 변화흐름 ························································551
3. 독일 아동학대 관련법제의 주요내용 ························································552
제3절 독일의 노인학대 관련법제 분석 ·····················································554
제4절 독일의 가정 내 폭력범죄 관련법제의 시사점 ································554
제6부 가정 내 폭력범죄 감소 및 예방을 위한
사회안전망 강화방안 ·······································557
제1장 가정 내 폭력범죄 감소 및 예방을 위한
입법적 개선방안 이승현 ··································559
제1절 가정 내 폭력범죄 관련입법체계에 대한 고찰 ································561
1. 입법목적의 변화 필요성에 대한 고찰 ······················································561
2. 복지와 처벌로 이분화된 법체계에 대한 고찰 ·········································563
3. 보호처분과 형사처분의 이원화된 체계에 대한 고찰 ······························565
제2절 가정 내 폭력범죄 유형별 접근방안 ···············································566
1. 가정 내 폭력범죄 개념의 다변화 ·····························································566
2. 노인학대특례법의 제정 필요성 검토 ························································570
목차 xi
제3절 가정 내 폭력범죄 신고절차의 개선방안 ·········································570
1. 신고의무 대상자군의 확대 ········································································570
2. 신고의무자에 대한 교육 및 제재 강화 ····················································571
3. 신고의무자에 대한 소추면제 조항 신설 ··················································573
4. 신고자에 대한 보호장치 강화 ···································································573
제4절 신속정확한 사건처리를 위한 법제개선방안 ··································574
1. 경찰의 사건처리절차 개선방안 ·································································574
2. 검찰의 사건처리절차 개선방안 ·································································577
3. 법원의 사건처리절차 개선방안 ·································································579
제5절 행위자의 폭력행위 감소 및 예방을 위한 입법적 개선방안 ···········583
1. 행위자의 폭력행위 감소를 위한 처분방안 ···············································583
2. 제재 위반에 대한 강제 ··············································································585
3. 행위자 처우 개선을 위한 방안 ·································································587
제6절 가정 내 폭력범죄 피해자에 대한 법적 보호 및 지원방안 ·············588
1. 피해자변호사제도 도입 ··············································································588
2. 증인지원시설 설치 ·····················································································589
3. 노인학대 피해자 지원을 위한 성년후견인제도 활용 ······························589
4. 학대행위자에 대한 상속제한 ·····································································590
제2장 가정 내 폭력범죄 감소 및 예방을 위한
서비스체계 개선방안 김미숙김유경김지민 ·········591
제1절 사회안전망 체계의 건전성 및 공공성 강화 ···································593
1. 기초적 사회복지서비스 체계의 건전성 강화 ···········································593
2. 가정 내 폭력 관련 서비스 전달체계의 공공성 강화 ······························596
제2절 가정 내 폭력에 대응한 사회문화적 의식의 개선 ···························598
1. 폭력허용 사회문화적 규범개선을 위한 다각적 모색 ······························598
2. 신고의무기관의 신고활성화를 통한 가정 내 폭력의 일차적 인지 확대 598
3. 범국가적 의식개혁 운동 강화 ···································································599
xii 가정 내 폭력범죄 감소 및 예방을 위한 사회안전망 강화에 관한 연구
제3장 가정 내 폭력범죄 감소 및 예방을 위한 다기관
협력체계 활성화 방안 윤정숙 ··························601
제1절 가정 내 폭력에 대응한 다기관 협력 강화를 위한 기본 원칙 ·······603
1. 제 1원칙: 피해자 중심의 서비스 ······························································603
2. 제 2원칙: 주도 기관의 정립 ·····································································605
3. 제 3원칙: 서비스의 균등성 담보 ······························································606
제2절 경계와 연계의 강화 ········································································608
1. 가정 내 폭력 관련 기관 간에 ‘경계’ 강화 ··············································608
2. 가정 내 폭력 기관 간에 ‘연계’ 강화 ·······················································609
제3절 기관 간의 정보 공유화 ··································································611
1. 가정폭력 피해자의 정보 공유를 통한 통합적 접근 기반 마련 ··············611
2. 아동학대 빅데이터 구축 ············································································611
3. 노인학대 DB 구축 ·····················································································612
제4절 다기관협력방안의 체계화: 위험등급에 따른 형사정책적 관리 ·······613
1. 위험성 평가도구의 개발 및 위험등급에 따른 관리의 체계화 ················613
2. 중저위험군에 대한 비형사적 서비스 관리 강화 ····································614
3. 고위험군에 대한 형사적 사법관리 강화 ··················································615
참고문헌 ··········································································617
Abstract ·········································································647
부록 ················································································655
[부록 1] 피해자지원기관 종사자 설문조사지 ············································655
[부록 2] 법집행기관 경찰관 설문조사지 ··················································667
목차 xiii
[부록 3] 법집행기관 보호관찰관 설문조사지 ············································678
[부록 4] 형사사법종사자 FGI 질문지 ·······················································689
[부록 5] 피해자 보호지원기관 종사자 FGI 질문지 ··································693
[부록 6] IDVA 사용 위험 확인 체크리스트
(CAADA-DASH Risk Identification Checklist) ··················701
[부록 7] MARAC Referral form ···························································704
[부록 8] DASH ························································································706
[부록 9] DASH 스토킹 및 성적괴롭힘 측정 문항 ··································708
[부록 10] V-DASH ·················································································710