A gender-sensitive analysis of precedents related to violence against women is expected to
resolve male-centered social norms while addressing the power imbalance between men and
women, thus setting a direction for a more balanced life for men and women. It should also
contribute to ensuring the human rights of women, who constitute the majority of violence
victims, as well as to actualize the vision of Article 10 of the Korean Constitution: “All
citizens shall be assured of human worth and dignity.” With the progress in laws relating to
women and the family, a number of precedents dealing with violence against women have
been accumulated. However, there has yet to be a quantitative study analyzing these
precedents in earnest, let alone one providing suggestions for improvement. In this study, a
gender-sensitive approach will be applied in order to analyze precedents concerning
violence against women, particularly sexual and domestic violence, and to propose a
number of legislative tasks. This study addresses the history of laws related to violence
against women, changes in the way these laws have been applied, a gender-sensitive
analysis of precedents concerning sexual and domestic violence, and suggestions for
legislative tasks. Several methods were employed in the study, including a literature review,
collection and analysis of precedents relating to sexual and domestic violence, workshops
on the respective topics of precedents relating to violence against women, and expert
meetings seeking advisement. Regarding precedents for sexual violence, 705 cases of rape
and forced indecent acts brought to courts of third instance between 2000 and 2013 were
analyzed. For precedents regarding domestic violence, 56 family protection cases focusing
on violence, injuries and assaults by spouses and 582 additional criminal cases were
analyzed from a gender-sensitive perspective. From a gender-sensitive perspective,
legislative tasks proposed based on the sexual violence precedents include the prescription
of all acts of non-consensual sexual contact, even in the absence of manifest physical
resistance, and the refinement of sexual violence laws. Legislative tasks proposed based on
domestic violence precedents include a change in the legislative paradigm for laws
addressing special cases of domestic violence and actualization of punishment levied on
domestic violence crimes. Other suggestions include expanding awareness of gender
sensitivity and human rights sensitivity among law enforcement officials.
