The concept of undue influence has been well established in British contract law for over 400 years. Presenting here courtasy of Jon Atack, a case from 1617, and the notorious Mrs. Death - apparently her real name. And well, if but a nickname, it would fit. And it is interesting that she essentially lovebombed her victim, a tactic cults use often in recruiting.
The Long History of Undue Influence: Mrs. Death & Her Victim Mr. Lydiatt (https://www.openmindsfoundation.org/blog/long-history-undue-influence/) (Open Minds Foundation - founded by Jon Atack -author and former Scientologist)
Related from the same site: The A to Z of Coercion. (https://www.openmindsfoundation.org/coercion-coercive-control/a-z/)
Next, while this 2015 UK law targets coercive behavior in relationships and families, many/most of the types of activities that can lead to convictions under this law can be seen in cultic environments beyond immediate families or intimate relationships:
Dec. 9, 2015: Coercive or Controlling Behaviour Now a Crime (https://www.gov.uk/government/news/coercive-or-controlling-behaviour-now-a-crime) (Gov. UK)
QuoteThe government's new coercive or controlling behaviour offence will mean victims who experience the type of behaviour that stops short of serious physical violence, but amounts to extreme psychological and emotional abuse, can bring their perpetrators to justice
The offence will carry a maximum of 5 years' imprisonment, a fine or both.
Minister for Preventing Abuse and Exploitation Karen Bradley said: "No one should live in fear of domestic abuse, which is why this government has made ending violence against women and girls a priority.
"Our new coercive or controlling behaviour offence will protect victims who would otherwise be subjected to sustained patterns of abuse that can lead to total control of their lives by the perpetrator.
Feb. 4, 2025: Coercive Control to be Treated Like Other Domestic Abuse Offences (https://www.bbc.com/news/articles/c4gwq2vjpvko) (BBC)
Feb. 7, 2025: Controlling or Coercive Behaviour in an Intimate or Family Relationship (https://www.cps.gov.uk/prosecution-guidance/controlling-or-coercive-behaviour-intimate-or-family-relationship) (Crown Prosecution Service)
QuoteBuilding on examples within the Statutory Guidance Framework, relevant behaviour of the suspect can include:
Isolating a person from their friends and family
Depriving them of their basic needs
Monitoring their time
Monitoring a person via online communication tools or using spyware
Using digital systems such as smart devices or social media to coerce, control, or upset the victim including posting triggering material
Taking control over aspects of their everyday life, such as where they can go, who they can see, what to wear and when they can sleep – this can be intertwined with the suspect saying it is in their best interests, and 'rewarding' 'good behaviour' e.g. with gifts
Depriving them of access to support services, such as specialist support or medical services
Repeatedly putting them down such as telling them they are worthless
Enforcing rules and activity which humiliate, degrade or dehumanise the victim
Forcing the victim to take part in criminal activity such as shoplifting, neglect or abuse of children to Encourage self-blame and prevent disclosure to authorities
Economic abuse including coerced debt, controlling spending/bank accounts/investments/mortgages/benefit payments
Controlling the ability to go to school or place of study
Taking wages, benefits or allowances
Threatening to hurt or kill
Threatening to harm a child
Threatening to reveal or publish private information
Threatening to hurt or physically harming a family pet
Assault
Physical intimidation e.g. blocking doors, clenching or shaking fists
Criminal damage (such as destruction of household goods)
Preventing a person from having access to transport or from working
Preventing a person from learning or using a language or making friends outside of their ethnic or cultural background
Family 'dishonour'
Reputational damage
Sexual assault or threats of sexual assault
Reproductive coercion, including restricting a victim's access to birth control, refusing to use a birth control method, forced pregnancy, forcing a victim to get an abortion, to undergo in vitro fertilisation (IVF) or other procedure, or denying access to such a procedure using substances such as alcohol or drugs to control a victim through dependency, or controlling their access to substances
Disclosure of sexual orientation
Disclosure of HIV status or other medical condition without consent
Limiting access to family, friends and finances
Withholding and/or destruction of the victim's immigration documents, e.g. passports and visas
Threatening to place the victim in an institution against the victim's will, e.g. care home, supported living facility, mental health facility, etc (particularly for disabled or elderly victims
This is not an exhaustive list and prosecutors should be aware that a suspect will often tailor the conduct to the victim, and this conduct can vary to a high degree from one person to the next. Prosecutors should consider the conduct of the suspect in each individual case to assess whether it discloses controlling or coercive behaviour.
Interesting but disturbing examples of those under coercive control being victims
and being treated like criminals for actions they were coerced into committing.
July 27, 2025: Survivors of Coercive Control are Being Criminalised in England, Research Finds (https://www.theguardian.com/society/2025/jul/27/domestic-abuse-survivors-coercive-control-criminalised-research-finds) (The Guardian)
QuoteA report from the Centre for Women's Justice (CWJ) drew on the experiences of seven women who were criminalised because of their abusive partners. They include a police officer who was convicted of misconduct in public office and lost her job after her controlling ex-boyfriend, also a police officer, coerced her into giving him her password into the police computer system, and a woman who was prosecuted for theft and fraud after her abusive and controlling partner used her bank account and phone number to sell stolen caravans.
Cara* was arrested alongside her abuser after police raided their house searching for drugs, and found a large amount of cannabis, which belonged to her then-partner. She left the relationship after the police raid, but was forced to come face-to-face with him in court.
"It's taken every ounce of strength that I had to actually leave him," she said. "And then a few months later, in the new year, I got a charge sheet through the post....
"And then I had gone and left and got a restraining order, and that counted for nothing. I was just so completely in shock, my stomach felt like it fell out of my body. ....
It was only at her third court hearing, at a crown court, where she was forced to sit beside her abuser in the dock, that the case against Cara was dropped. "It was so frightening, I was absolutely terrified," she said. "There was nothing between us, nothing to stop him from getting to me. "I had to just be really strong and sit there and look directly at the judge and just not move my gaze," she added. "And I could hear him at the side of me, making digs, saying, 'You'll have to get back with me, or we'll both go down together.'" ...
The Center for Women's Justice (CWJ) has made 11 recommendations for reform, including the introduction of an effective defence for victims of coercive control who are pressured into offending. It has also called for the introduction of a joint police and CPS protocol for gathering, passing on, and taking account of evidence of coercive control where someone suspected of an offence may also be a victim.
Duress and Undue Influence Lecture (https://www.lawteacher.net/lectures/contract-law/vitiating-factors/duress-and-undue-influence/)
This was what I was wondering about when I posted the earlier links. If behavior is illegal in family settings/intimate relationships, why would it then not be illegal within larger groups of people?
March 31, 2026: If My Boyfriend Did What My Pastor Did, I Believe Police Could Investigate (https://www.theguardian.com/commentisfree/2026/mar/31/uk-law-gap-police-investigate-coercive-control) (The Guardian)
Korea: Act on the Prevention of Domestc Violence & Protection of Victims (https://elaw.klri.re.kr/eng_mobile/viewer.do?hseq=54652&type=sogan&key=11)
I will edit this and focus on the parts that relate to mental and emotional abuse:
Article 1 (Purpose)
The purpose of this Act is to prevent domestic violence and to protect and support victims thereof.
[This Article Wholly Amended on Apr. 28, 2006]
1. The term "domestic violence" means any act under subparagraph 1 of Article 2 of the Act on Special Cases concerning the Punishment, etc. of Crimes of Domestic Violence;
2. The term "domestic violence assailant" means a person under subparagraph 4 of Article 2 of the Act on Special Cases concerning the Punishment, etc. of Crimes of Domestic Violence;
3. The term "victim" means a person who has been directly damaged by domestic violence;
4. The term "child" means a person who is under 18 years of age.
[This Article Wholly Amended on Oct. 17, 2007]
Article 4 (Responsibilities of the State and Other Entities)
(1) The State and a local government shall take each of the following measures to prevent domestic violence and to protect and support victims thereof: <Amended on May 8, 2009; Jul. 30, 2013; Jun. 22, 2015; Dec. 12, 2017; Jun. 9, 2020>
1. Establishment and operation of a domestic violence reporting system;
2. Investigation, research, education and publicity for the prevention of domestic violence;
3. Establishment and operation of facilities to protect and support victims;
4. Grant of a preferential right to residency in a rental house, and provision of supportive services for self-reliance and self-support such as vocational training;
5. Legal aid and provision of other supportive services for victims;
6. Establishment and operation of a cooperation network among related agencies to facilitate protection and support for victims;
7. Improvement of related statutes and formulation, implementation and evaluation of various policies for preventing and forestalling domestic violence and protecting and supporting victims;
8. Preparation of safety measures for personal protection of victims and employees, such as counselors working in emergency hotlines under Article 4-6, counseling centers for domestic violence under Article 5, shelters for victims of domestic violence under Article 7;
9. Prevention of personal exposure of victims and establishment of a victim protection and support system in consideration of the characteristics of damage from domestic violence;
10. Provision of counseling and treatment programs necessary for physical and mental recovery of children who have witnessed, or have suffered, domestic violence.
(2) In order to fully perform the duties under paragraph (1), the State and a local government shall take budgetary measures, such as securing financial resources. <Amended on Dec. 12, 2017>
(3) A Special Metropolitan City, a Metropolitan City, a Special Self-Governing City, Do, a Special Self-Governing Province and a Si/Gun/Gu (referring to an autonomous Gu; hereinafter the same shall apply) shall have organizations and public officials in charge of preventing domestic violence and providing protection and support to victims. <Amended on Mar. 13, 2018>
(4) The State and a local government shall foster and support, with a subsidy for expenses, etc., counseling centers related to domestic violence and shelters for the victims established and operated under Articles 5 (2) and 7 (2).
[This Article Wholly Amended on Oct. 17, 2007]
Article 4-2 (Investigation into Actual Conditions of Domestic Violence)
(1) The Minister of Gender Equality and Family shall investigate actual conditions of domestic violence every three years, and announce the findings thereof and utilize such findings as basic materials in policy making for the prevention of domestic violence. <Amended on Feb. 29, 2008; Jan. 18, 2010>
(2) Matters necessary for the method, contents, etc. of investigations into actual conditions of domestic violence under paragraph (1) shall be prescribed by Ordinance of the Ministry of Gender Equality and Family. <Amended on Feb. 29, 2008; Jan. 18, 2010>
[This Article Wholly Amended on Oct. 17, 2007]
Article 4-3 (Provision of Domestic Violence Prevention Education)
(1) National agencies, local governments, principals at all school levels under the Elementary and Secondary Education Act and the heads of public organizations prescribed by Presidential Decree shall provide education necessary for the prevention and avoidance of domestic violence, and submit the outcomes thereof to the Minister of Gender Equality and Family. <Amended on May 17, 2010; Jul. 30, 2013>
(2) Where prevention education under paragraph (1) is provided, it may be carried out from the perspective of gender equality by integrating sex education and sexual violence prevention education under Article 5 of the Sexual Violence Prevention and Victims Protection Act, sexual harassment prevention education under Article 31 of the Framework Act on Gender Equality, preventive education against sexual traffic under Article 4 of the Act on the Prevention of Commercial Sex Acts and Protection, etc. of Victims, and other related education. <Newly Inserted on May 17, 2010; Jan. 21, 2014; May 28, 2014>
(3) The Minister of Gender and Family, or the Special Metropolitan City Mayor, a Metropolitan City Mayor, the Special Self-Governing City Mayor, a Do Governor, and the Special Self-Governing Province Governor (hereinafter referred to as "Mayor/Do Governor") may provide education to persons who are not eligible for education under paragraph (1), necessary for preventing and avoiding domestic violence. In such cases, the Minister of Gender and Family or the Mayor/Do Governor may entrust education-related affairs to a counseling center for domestic violence under Article 5 or an educational institution prescribed by Presidential Decree. <Amended on Mar. 27, 2018>
(4) The Minister of Gender Equality and Family shall train professional instructors for the education under paragraph (1), and develop and disseminate educational programs. <Newly Inserted on Jul. 30, 2013>
[This Article Wholly Amended on Oct. 17, 2007]
Article 4-4 (Support for School Attendance of Children)
(1) Where a victim or a family member accompanied by the victim (referring to a person who is protected or brought up by the victim among the persons under subparagraph 2 of Article 2 of the Act on Special Cases concerning the Punishment, etc. of Crimes of Domestic Violence; hereinafter the same shall apply) is a child, and if the child needs to attend school in a region other than the place of his/her domicile (including admission, readmission, transference, transfer admission into school; hereinafter the same shall apply), the State and a local government shall provide support so that he/she can attend school without difficulty.
(2) Matters necessary for attending school under paragraph (1) shall be prescribed by Presidential Decree.
[This Article Wholly Amended on Oct. 17, 2007]
Article 4-5 (Prohibition of Disadvantageous Disposition against Victims)
No person who is employing a victim shall dismiss him/her nor give any other disadvantages to him/her in connection with crimes of domestic violence under the Act on Special Cases concerning the Punishment, etc. of Crimes of Domestic Violence.
[This Article Wholly Amended on Oct. 17, 2007]
Article 4-6 (Establishment and Operation of Emergency Hotlines)
(1) The Minister of Gender Equality and Family or a Mayor/Do Governor shall establish and operate emergency hotline centers in order to perform affairs referred to in the following subparagraphs. In such cases, he/she may separately establish and operate emergency hotline centers providing foreign language services:
1. Receipt of reports from victims and provision of counseling;
2. Interconnection with related institutions and establishments;
3. Provision of emergency rescue services for victims;
4. Temporary protection of a victim transferred from police stations, etc. and the family members accompanied by the victim (hereinafter referred to as "victims, etc.").
(2) The Minister of Gender Equality and Family or the Mayor/Do Governor may entrust an institution or an organization prescribed by Presidential Decree with the establishment and operation of an emergency hotline center pursuant to paragraph (1). <Amended on Jan. 18, 2010>
(3) Where the Minister of Gender Equality and Family or the Mayor/Do Governor entrusts the establishment and operation of an emergency hotline center pursuant to paragraph (2), he/she shall support expenses necessary therefor. <Amended on Jan. 18, 2010>
(4) Matters necessary for the establishment and operation of an emergency hotline center pursuant to paragraph (1) shall be prescribed by Ordinance of the Ministry of Gender Equality and Family. <Amended on Jan. 18, 2010>
[This Article Newly Inserted on May 8, 2009]
Article 4-7 (Domestic Violence Eradication Week)
(1) A week a year shall be designated as the Domestic Violence Eradication Week in order to raise social awareness on and prevent domestic violence, as prescribed by Presidential Decree.
(2) The State and local governments shall conduct projects including events in line with the objectives of the Domestic Violence Eradication Week. In such cases, the projects may be performed in conjunction with the events dedicated to the Sexual Assault Prevention Week prescribed in Article 6 of the Sexual Violence Prevention and Victims Protection Act.
[This Article Newly Inserted on Jun. 22, 2015]
Article 5 (Establishment and Operation of Counseling Centers)
(1) The State or a local government may establish and operate a counseling center related to domestic violence (hereinafter referred to as "counseling center").
(2) Any person, other than the State or a local government, who intends to establish and operate a counseling center shall report to the Special Self-Governing City Mayor, a Special Self-Governing Province Governor, or the head of a Si/Gun/Gu (the head of a Gu means that of an autonomous Gu; hereinafter referred to as "head of a Si/Gun/Gu"). The same shall apply where he/she intends to modify any reported matters determined as important by Ordinance of the Ministry of Gender and Family. <Amended on Mar. 13, 2018>
(3) The head of a Si/Gun/Gu shall inform the reporter whether a report has been received or its handling period has been prolonged under the statutes governing handling of civil petitions within 10 days (within five days in cases of reporting any modifications) from the date of receiving a report under paragraph (2). <Newly Inserted on Mar. 13, 2018>
(4) The counseling centers can be operated by specializing in target users such as foreigners, persons with disabilities, etc. <Newly Inserted on Dec. 12, 2017; Mar. 13, 2018>
(5) Matters necessary for the standards of establishing and operating counseling centers, the number of counselors therein, and reporting procedures, etc. shall be prescribed by Ordinance of the Ministry of Gender Equality and Family. <Amended on Feb. 29, 2008; Jan. 18, 2010; Dec. 12, 2017; Mar. 13, 2018>
Article 6 (Services of Counseling Centers)
The services of a counseling center shall be as follows: <Amended on Jul. 30, 2013; Jun. 22, 2015>
1. Receipt of reports, or consultations, on domestic violence;
1-2. Counselling for persons who report domestic violence or make a request for counselling thereon, and counselling for their family members;
2. Temporary protection of victims, etc. who have difficulty in leading a normal family life and social life due to domestic violence or require emergency protection, or transferring the victim, etc. to a medical institution or shelters for victims of domestic violence under Article 7 (1);
3. Requests for necessary cooperation and support from the Korean Bar Association or local bar associations and legal aid corporations established under the Legal Aid Act (hereinafter referred to as "legal aid corporation") for consultations with respect to legal matters, such as filing criminal charges against domestic violence assailants;
4. Temporary protection of victims, etc. transferred from police stations, etc.;
5. Education and publicity concerning the prevention and avoidance of domestic violence;
6. Other investigations and research on domestic violence and damage therefrom.
[This Article Wholly Amended on Oct. 17, 2007]
Article 7 (Establishment of Shelters)
(1) The State or a local government may establish and operate a shelter for victims of domestic violence (hereinafter referred to as "shelter").
(2) A social welfare corporation under the Social Welfare Services Act (hereinafter referred to as "social welfare corporation") and other nonprofit corporations may establish and operate shelters with the authorization from the head of a Si/Gun/Gu.
(3) A shelter shall have a counselor and may have employees, such as life aides, cooks, and janitors, depending on the scale of the shelter.
(4) Matters necessary for the standards for establishment and operation of shelters, the type of occupation and number of employees, including counselors, and the standards for authorization thereof shall be prescribed by Ordinance of the Ministry of Gender Equality and Family. <Amended on Feb. 29, 2008; Jan. 18, 2010>
[This Article Wholly Amended on Aug. 17, 2007]
Article 7-2 (Categories of Shelters)
(1) Types of resident support projects shall be as follows: <Amended on Jun. 9, 2020>
1. Short-term shelters: Facilities to protect victims, etc. for a period not exceeding six months;
2. Long-term shelters: Facilities to provide victims, etc. with residential convenience, etc. for their self-reliance for a period not exceeding two years;
3. Shelters for foreigners: Facilities to protect foreign victims, etc. for up to two years;
[This Article Wholly Amended on Oct. 17, 2007]
Article 7-3 (Persons subject to Admission to Shelters)
(1) A person subject to admission to a shelter shall be a victim, etc. who falls under any of the following subparagraphs:
1. Where the victim, etc. wishes or consents to be admitted to such facility;
2. Where a guardian who is not a domestic violence assailant consents to admission of an intellectually disabled person or mentally disabled person under Article 2 of the Act on Welfare of Persons with Disabilities, or any other disabled person whose mental capacity is impaired;
3. Where it is deemed inappropriate to obtain the consent of a guardian to admission of an intellectually disabled person or mentally disabled person pursuant to Article 2 of the Act on Welfare of Persons with Disabilities, or any other disabled person whose mental capacity is impaired, although he/she needs to be admitted to a shelter according to the results of counseling by a counsellor.
(2) The head of a shelter, who has obtained authorization pursuant to Article 7 (2), shall report to the head of a Si/Gun/Gu personal details, grounds for admission to shelters, etc. of a person who is admitted to the shelter pursuant to paragraph (1) without delay, and where he/she admits a person falling under paragraph (1) 3 to the shelter, he/she shall obtain the approval from the competent head of a Si/Gun/Gu without delay.
[This Article Newly Inserted on May 8, 2009]
Article 7-4 (Discharge from Shelters)
2. Counseling and treatment for psychological stability and social adaptation;
3. Medical support, including transfer. etc. to medical institutions for disease treatment and health care (including physical examinations within one month from the time a victim, etc. is admitted into a shelter);
4. Support and link of services necessary for investigation and trial process;
5. Requests for necessary cooperation and support from legal aid institutions, etc.;
6. Providing education on self-reliance and self-support and employment information;
7. Matters entrusted to a shelter under other Acts;
8. Other services necessary for the protection of a victim, etc.
(2) Any person who establishes and operates a shelter for the disabled shall, in providing services falling under any subparagraph of paragraph (1), render any appropriate assistance in consideration of the characteristics of the disabled.
[This Article Wholly Amended on Aug. 17, 2007]
Article 8-2 (Qualification Standards for Employees of Emergency Hotline Centers, Counseling Centers and Shelters)
Article 8-3 (Education and Training Facilities for Counselors related to Domestic Violence)
(1) The State or a local government may establish and operate education and training facilities for counselors related to domestic violence (hereinafter referred to as "education and training facilities") to provide education and training to counselors (including persons who intend to become counselors).
(4) Matters necessary for the establishment standards for education and training facilities, the qualifications and the number of instructors working therein, the operation standards for counselor education and training courses and the report procedures, etc. shall be prescribed by Ordinance of the Ministry of Gender Equality and Family. <Amended on Feb. 29, 2008; Jan. 18, 2010; Mar. 13, 2018>
(2) The Minister of Gender Equality and Family or the Mayor/Do Governor may entrust affairs concerning education pursuant to paragraph (1) to a university or a junior college pursuant to Article 2 of the Higher Education Act or specialized institutions prescribed by Presidential Decree. <Amended on Jan. 18, 2010>
(3) Detailed matters necessary for a period, methods and details of supplementary education pursuant to paragraph (1) shall be prescribed by Ordinance of the Ministry of Gender Equality and Family. <Amended on Jan. 18, 2010>
[This Article Newly Inserted on May 8, 2009]
Article 8-5 (Grant of Preferential Right to Residency in Rental House)
Matters necessary for the selection standards and methods, etc. of persons entitled to a preferential right to residency in a rental house prescribed in Article 4 (1) 4 shall be prescribed by Presidential Decree. <Amended on Dec. 12, 2017>
[This Article Newly Inserted on May 8, 2009]
Article 9 (Obligation of Respect for Victim's Will)
The head of any counseling center or shelters shall not protect victims, etc. as provided in Articles 8 (1) and 18 against the explicit will of such victims, etc.
[This Article Wholly Amended on Oct. 17, 2007]
(2) The Minister of Gender Equality and Family may request the terrestrial broadcasting business operators under subparagraph 3 (a) of Article 2 of the Broadcasting Act (hereafter referred to as "broadcaster" in this Article) to air promotional pictures and videos referred to in paragraph (1) through each channel within the percentage of non-commercial public service advertisements to be aired as prescribed by Presidential Decree under Article 73 (4) of the same Act. <Amended on May 28, 2013>
(3) Broadcasters may independently produce and air promotional pictures and videos in addition to the promotional pictures and videos under paragraph (1). In such cases, they may request the Minister of Gender Equality and Family for necessary cooperation and support. <Amended on May 28, 2013>
[This Article Newly Inserted on May 17, 2010]
Article 9-4 (Dispatch of Judicial Police Officers to Scene)
(1) A judicial police officer shall visit the scene of domestic violence without delay if a domestic violence offense report is received.
(2) A judicial police officer who responds to a domestic violence offense report pursuant to paragraph (1) may visit the reported scene of domestic violence to protect victims or visit relevant places to inspect relevant persons or ask them questions for investigation of such case.
(3) No domestic violence assailant shall obstruct the duties of a judicial police officer, such as rejecting on-site investigations by the judicial police officer under paragraph (2).
(4) A judicial police officer who enters a scene of domestic violence, investigates a case or asks questions pursuant to paragraph (2) shall carry a certificate indicating his/her authority and produce it to interested parties.
(5) When making an onsite visit under paragraph (1), the head of an investigative agency may request the head of an emergency hotline center, counseling center or shelter to accompany to the scene of domestic violence, and the head of an emergency hotline center, counseling center or shelter who receives such request shall dispatch an affiliated counselor to the scene of domestic violence, in the absence of special circumstances.
(6) A judicial police officer who investigates a case of domestic violence or asks questions pursuant to paragraph (2) shall take necessary measures, such as interviewing the victim, reporter, witness, etc. in a place separate from the domestic violence assailant so that the person may freely make a statement, etc.
[This Article Wholly Amended on Jul. 30, 2013]
Article 10 (Closure of Counseling Centers, Shelters, or Education and Training Facilities)
(1) If the head of a counseling center, shelter, or education and training facility under Article 5 (2), 7 (2) or 8-3 (2) intends to temporarily suspend the operation of the said facility, permanently close it, or renew its operation, he/she shall report it to the head of a Si/Gun/Gu, as prescribed by Ordinance of the Ministry of Gender Equality and Family. <Amended on Feb. 29, 2008; Jan. 18, 2010; Mar. 2, 2016; Mar. 13, 2018>
(2) Where the head of a Si/Gun/Gu receives a report on temporary suspension or permanent closure of a facility under paragraph (1), he/she shall review the details of the report and accept it if he/she deems the report is in compliance with this Act. <Newly Inserted on Mar. 13, 2018>
(3) Where the head of a counseling center, shelter, or education and training facility temporarily suspends the operation of the relevant facility or permanently closes it, he/she shall take measures to protect the rights and interests of users of such facilities, including arranging the users' transfer to another facility, etc. <Newly Inserted on Mar. 2, 2016; Mar. 13, 2018>
(4) Upon receipt of reports on the suspension of operation or permanent closure of a counseling center, shelter, or education and training facility under paragraph (1), the head of a Si/Gun/Gu shall take measures prescribed by Ordinance of the Ministry of Gender Equality and Family, including confirming that the head of the relevant facility has taken actions to protect the rights and interests of the users of the relevant facility, etc. as prescribed in paragraph (3). <Newly Inserted on Mar. 2, 2016; Mar. 13, 2018>
[This Article Wholly Amended on Oct. 17, 2007]
Article 11 (Supervision)
(1) The Minister of Gender Equality and Family or the head of a Si/Gun/Gu may require the head of a counseling center, shelter, or education and training facility to make a necessary report on the facility concerned and have competent public officials investigate the conditions of operation of the facilities concerned or inspect account ledgers and other documents. <Amended on Feb. 29, 2008; Jan. 18, 2010>
(2) Each relevant public official who performs his/her duties pursuant to paragraph (1) shall show a certificate verifying his/her authority to the interested persons.
[This Article Wholly Amended on Oct. 17, 2007]
Article 12 (Revocation of Authorization)
(1) Where a counseling center, shelter, or education and training facility falls under any of the following subparagraphs, the head of a Si/Gun/Gu may issue orders for closure of the facility, discontinuance of services or suspension of services for a period not exceeding six months, or cancel authorization therefor: <Amended on Dec. 12, 2017; Mar. 13, 2018>
1. Where the facility fails to meet the standards for establishment or operation under Article 5 (5), 7 (4) or 8-3 (4);
2. Where the facility fails to meet the requirements for the number of counselors or instructors under Article 5 (5), 7 (4), 8-2 or 8-3 (4) or employees an unqualified person;
3. Where the facility fails to make a report under Article 11 (1), makes a false report, or refuses or evades an investigation and inspection by a competent public official without justifiable grounds;
4. Where a counseling center, shelter, or education and training facility has been established or operated for making profits in violation of Article 15.
(2) Where a counseling center, shelter, or education and training center is closed or suspends or discontinues its operation or its authorization is revoked under paragraph (2), the head of a Si/Gun/Gu shall take measures to protect the rights and interests of the users of the relevant facility, including arranging the users' transfer to another facility, etc. <Newly Inserted on Mar. 2, 2016>
(3) Detailed standards concerning orders for suspension and discontinuance of services or closure of facilities, or the revocation of authorization under paragraph (1) shall be prescribed by Ordinance of the Ministry of Gender Equality and Family. <Amended on Feb. 29, 2008; Jan. 18, 2010; Mar. 2, 2016>
[This Article Wholly Amended on Oct. 17, 2007]
Article 12-2 (Hearings)
The head of a Si/Gun/Gu shall hold a hearing to order suspension and discontinuance of services or closure of facilities, or revoke authorization under Article 12.
[This Article Wholly Amended on Oct. 17, 2007]
Article 13 (Subsidization of Expenses)
(1) The State or a local government may support part of the expenses for the establishment and operation of counseling centers or shelters under Article 5 (2) or 7 (2).
(2) The State or a local government shall support the shelters for the disabled to cover expenses of establishing equipment and installations meeting the standards prescribed by the Minister of Gender Equality and Family. <Amended on Feb. 29, 2008; Jan. 18, 2010>
[This Article Wholly Amended on Oct. 17, 2007]
Article 13-2 (Assessment of Emergency Hotline Centers)
(1) The Minister of Gender Equality and Family may assess the performance records of emergency hotline centers, counseling centers and shelters every three years and reflect the results thereof into supervision, support, etc. of each facility.
(2) Matters necessary for the standards, methods, etc. for evaluation under paragraph (1) shall be prescribed by Ordinance of the Ministry of Gender Equality and Family.
[This Article Newly Inserted on May 17, 2010]
Article 14 (Integrated Establishment and Operation of Counseling Centers or Shelters)
The State or a local government may establish and operate the integrated counseling centers or shelters by integrating counseling centers or shelters established and operated under this Act with counseling centers or shelters of a similar nature prescribed by Presidential Decree, or recommend to establish and operate such integrated counseling centers or shelters. <Amended on May 8, 2009>
[This Article Wholly Amended on Oct. 17, 2007]
[Title of This Article Amended on May 8, 2009]
Article 15 (Prohibition of Operation for Profit)
No person shall establish or operate a counseling center, shelters, or education and training facilities for making profits: Provided, That the heads of education and training facilities may receive tuition from those who take counselor education and training courses, as prescribed by the Minister of Gender Equality and Family. <Amended on Feb. 29, 2008; Jan. 18, 2010>
[This Article Wholly Amended on Apr. 28, 2006]
Article 16 (Duty of Confidentiality)
No person who is or was the head of an emergency hotline center, a counseling center or a shelter, or who is or was an assistant to him/her shall reveal confidential information acquired in the course of his/her duty.
[This Article Wholly Amended on Aug. 8, 2009]
Article 17 (Prohibition of Use of Similar Name)
No institution, other than emergency hotline centers, counseling centers, shelters, or education and training facilities under this Act, shall use such name as an emergency hotline center, a counseling center related to domestic violence, shelters for victims of domestic violence, or education and training facilities for counselors related to domestic violence, or any other name similar thereto. <Amended on May 8, 2009>
[This Article Wholly Amended on Oct. 17, 2007]
Article 18 (Medical Care and Protection)
(1) A medical institution shall, if requested by a victim, his/her family, acquaintance or the head of an emergency hotline center, a counseling center or shelters, etc., render to victims the following medical care and protection services: <Amended on May 8, 2009>
1. Consultation and guidance concerning health;
2. Medical care for physical and mental injuries;
3. Other matters concerning medical treatment prescribed by Presidential Decree.
(2) The relevant domestic violence assailant shall bear all the expenses incurred in medical care and protection referred to in paragraph (1).
(3) Where a victim applies for reimbursement of expenses for medical care and protection notwithstanding paragraph (2), the State or a local government shall pay the expenses necessary for medical care and protection referred to in paragraph (1) to a medical institution on behalf of the domestic violence assailant.
(4) Where the State or a local government has paid expenses pursuant to paragraph (3), it may exercise the right to reimbursement against the relevant domestic violence assailant: Provided, That the same shall not apply where a victim has received medical care and protection under paragraph (1) while being admitted in a shelter or where the domestic violence assailant falls under any of the following subparagraphs:
1. A beneficiary under Article 2 of the National Basic Living Security Act;
2. A disabled person registered under Article 32 of the Act on Welfare of Persons with Disabilities.
(5) Matters necessary for the procedures for the payment of expenses under paragraph (3) and the procedures for exercising the right to indemnity, etc. under paragraph (4) shall be prescribed by Ordinance of the Ministry of Gender Equality and Family. <Amended on Feb. 29, 2008; Jan. 18, 2010>
[This Article Wholly Amended on Oct. 17, 2007]
Article 19 (Delegation of Authority)
The Minister of Gender Equality and Family may delegate part of his/her authority under this Act to the Mayor/Do Governor, or the head of a Si/Gun/Gu, as prescribed by Presidential Decree.
Article 20 (Penalty Provisions)
(1) Any person who fires a victim or puts a victim at any other disadvantages in violation of Article 4-5 shall be punished by imprisonment with labor for not exceeding three years or by a fine not exceeding 30 million won. <Newly Inserted on Dec. 12, 2017>
(2) (Applicability to Failure of State, etc. to Exercise Right to Reimbursement) The amended provisions of the proviso to Article 18 (4) shall apply to those expenses which are paid by the State or a local government on behalf of domestic violence assailants on or after the date when this Act enters into force.
ADDENDA <Act No. 7413, Mar. 24, 2005>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation: Provided, That the following matters shall enter into force on the date under the following classification:
1. Provisions of Article 26...Articles 2 through 4 of the Addenda shall enter into force on the date on which the Presidential Decree concerning the Organization of the Ministry of Gender Equality and Family under the amended provisions of Article 42 enters into force, which shall be within three months after promulgation of this Act.
ADDENDA <Act No. 7952, Apr. 28, 2006>
(1) (Enforcement Date) This Act shall enter into force six months after the date of its promulgation.
(2) (Transitional Measures concerning Shelters) At the time when this Act enters into force, shelters which are authorized by the head of a Si/Gun/Gu under the former provisions shall be deemed to be those provided for by this Act: Provided, That the standards for the establishment, etc. under the amended provisions of Article 7 (4) shall be met according to the categories of shelters falling under the amended provisions of any subparagraph of Article 7-2 (1) within one year after this Act enters into force.
(3) (Transitional Measures concerning Qualifications of Counselors) At the time when this Act enters into force, any person who is qualified as a counselor as prescribed by Ordinance of the Ministry of Gender Equality and Family shall be deemed to have completed the whole counselor education or training course under Article 8-2 (2).
(4) (Transitional Measures concerning Education or Training Facilities) An educational foundation, a legal aid corporation, a social welfare corporation or any other nonprofit corporation that has established and has been operating a school with a domestic violence-related counselor education course as prescribed by Ordinance of the Ministry of Gender Equality and Family under the Higher Education Act at the time when this Act enters into force shall, if it files a report under Article 8-3 (2) of this Act within three months after this Act enters into force, thereupon be deemed to have filed the report on the date on which this Act enters into force: Provided, That the standards for the establishment, etc. under the amended provisions of Article 8-3 (3) shall be met within six months after this Act enters into force.
This Act shall enter into force on the date of its promulgation: Provided, That, among the Acts amended pursuant to Article 6 of the Addenda, the amendments to the Acts promulgated before this Act enters into force, but the enforcement dates of which have yet to arrive, shall enter into force on the dates on which the respective Acts take effect.
Articles 2 through 7 Omitted.
(1) (Enforcement Date) This Act shall enter into force six months after the date of its promulgation.
(2) (Transitional Measures concerning Sexual Violence Prevention and Victims Protection Act) The term "Article 5 of the Sexual Violence Prevention and Victims Protection Act" under the amended provisions of Article 4-3 (2) shall be construed as "Article 3 (2) of the Act on the Protection, etc. of Victims of Sexual Crimes" until December 31, 2010.
Article 1 (Provisions Concerning Delegation)
This Act shall enter into on the date of its promulgation.
(2) Omitted.
Articles 2 through 7 Omitted.
ADDENDA <Act No. 11832, May 28, 2013>
This Article shall enter into force six months after the date of its promulgation.
ADDENDA <Act No. 11981, Jul. 30, 2013>
This Article shall enter into force six months after the date of its promulgation.
ADDENDA <Act No. 12327, Jan. 21, 2014>
This Article shall enter into force six months after the date of its promulgation.
ADDENDA <Act No. 12698, Jun. 28, 2014>
Article 1 (Provisions Concerning Delegation)
This Act shall enter into force on 7/1/2015.
Articles 2 through 10 Omitted.
ADDENDA <Act No. 13368, Jun. 22, 2015>
Article 1 (Provisions Concerning Delegation)
This Article shall enter into force six months after the date of its promulgation.
Article 2 (Transitional Measures concerning Grounds for Disqualification of Incompetent Persons)
Notwithstanding the amended provision of Article 8-2 (1) 1, a person for whom a ruling for incompetency or quasi-incompetency under Article 2 of Addenda to the partial amendment to the Civil Act (Act No. 10429) is effective at the time the aforesaid amended provision enters into force shall be governed by the former provision.
ADDENDA <Act No. 14058, Mar. 2, 2016>
This Article shall enter into force six months after the date of its promulgation.
ADDENDA <Act No. 15202, Dec. 12, 2017>
This Article shall enter into force six months after the date of its promulgation.
ADDENDA <Act No. 15448, Mar. 13, 2018>
Article 1 (Provisions Concerning Delegation)
This Act shall enter into force six months after the date of its promulgation: Provided, That the amended provisions of Article 10 shall enter into force on the date of its promulgation.
Article 2 (Applicability to Reports on Establishment of Counseling Centers, etc.)
The amended provisions of Articles 5 (3) and 8-3 (3) shall apply beginning with the cases where reports are filed on the establishment of counseling centers or educational training centers or on any modifications to previously reported matters after this Act enters into force.
ADDENDA <Act No. 15543, Mar. 27, 2018>
Article 1 (Provisions Concerning Delegation)
This Act shall enter into force on the date of promulgation.
Article 2 (Applicability to the Extension of Protection Period of Short-Term Shelters)
The amended provisions of Article 7-2 (2) shall also apply to the victims, etc. who have entered short-term shelters at the time this Act enters into force.
ADDENDA <Act No. 17437, Jun. 9, 2020>
This Act shall enter into force on the date of its promulgation.