20% of Police Officers Left Without Action When Spouses Refused Domestic Violence Investigation
19.8% Unable to Conduct Police On-Site Investigation
Forced to Send Back Due to Coercion and Threats
Police "Compensation Claims Possible if Forced Entry Occurs"
[Asia Economy Reporter Jang Sehee] Last September, police responded to a domestic violence report in Yongin-si, Gyeonggi Province. Although it was the second report, the police were unable to enter the home. The victim, who was discovered late, was in critical condition. It was confirmed that the police withdrew because there was no sign of activity despite their dispatch.
Domestic violence victims are not receiving police assistance in urgent situations. According to the ‘2019 Domestic Violence Victims and Support Agencies Investigation of Law Enforcement Agencies’ released on the 21st, 19.8% of respondents said that the police left without conducting an on-site investigation because the spouse refused entry.
10.4% responded that the spouse coerced them to pretend no one was home, causing the police to leave. Meanwhile, 26.5% said the police forcibly entered and took necessary protective measures.
Although cases of forced entry account for 20%, there are still cases where the police simply left, exceeding 10%. Additionally, there have been instances where victims themselves sent the police away due to coercion and threats from their spouse.
Frontline police officers say it is difficult to forcibly open doors and enter if there is no sign of activity or if the perpetrator does not open the door.
A police officer working at a frontline police station in Seoul said, "It is possible to forcibly open the door and enter for rescue activities as a protective measure for the victim," but added, "However, there must be clear evidence of a crime, and it is not easy to judge based on the report alone." He continued, "Without confronting the perpetrator, it is difficult to accurately assess the extent of the harm," and explained, "There are often reports even in cases of verbal disputes without actual harm."
Another police officer said, "There was a case where we forcibly opened the door after a domestic violence report, but no incident had occurred," and added, "We received a claim for damages protesting why the door was opened when the person was just sleeping after drinking."
Since domestic violence can escalate into more serious crimes, on-site response is crucial. Therefore, there are calls for legal systems to be established so that the police can take proactive measures such as forcibly opening doors.
According to Article 9-4 of the Act on the Prevention of Domestic Violence and Protection of Victims, "No one shall obstruct the performance of duties such as refusing on-site investigations, and even if on-site investigations are refused or evaded, the domestic violence perpetrator is only subject to a fine of up to 5 million won."
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Countries such as the United States and the United Kingdom impose strict follow-up measures on domestic violence. In the U.S., police are allowed to enter residences without a warrant. In Montana, police can forcibly enter if an emergency situation is determined by an officer. The U.K. also requires risk assessments to determine whether the victim’s response is due to coercion by the perpetrator before taking follow-up actions.
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