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요약
여성을 대상으로 한 폭력 및 친밀한 파트너에 대한 폭력(intimate partner violence)은 연인을 대상으로 한 폭력 이외에 배우자에 대한 폭력 즉 가정폭력까지 포함하는 다소 포괄적인 개념이다. 친밀한 관계 중 배우자에 대한 폭력 즉 가정폭력은 그동안 많은 연구와 실태조사가 이루어져 왔고, 이번 정부에서는 심지어 4대 악으로 규정하여 이를 예방하기 위한 각종 정책이 수립되어 왔기에 연구범위에서 제외하고 연인 또는 이성친구로부터 발생하는 폭력 즉 데이트 폭력에 초점을 맟추어 이를 심층적으로 분석할 필요가 있다. 최근까지 대부분의 연인을 대상으로 한 폭력(데이트 폭력)에 대한 연구는 성폭력이나 신체적 폭력이 주를 이룰 뿐 정서적 폭력이나 스토킹에 대해서는 거의 이루어지지 않았다.
이에 본 연구의 목적은 성인을 대상으로 친밀한 연인 관계에서 발생하는 폭력의 1) 유형별(신체폭력, 심리?정서적 폭력, 성폭력, 스토킹 등) 피해실태, 2) 친밀한 관계에서 발생하는 폭력가해 및 피해에 영향을 미치는 요인, 3) 폭력가해자와 피해자의 특성(폭력에 대한 태도와 순환성 포함), 4) 친밀한 연인 관계에서 발생하는 폭력의 범행특성, 5) 외국의 형사법적 대응정책 등을 조사?심층분석하여 이에 대한 예방대책 및 형사법적 대응정책을 모색하는데 있다.
목차
국문요약 ···············································································1
?제1장?서론(홍영오?연성진) ················································21
제1절 연구의 목적 ····················································································23
제2절 연구내용 및 방법 ···········································································27
1. 연구내용 ········································································································27
2. 연구방법 ········································································································30
?제2장?이론적 논의 및
선행연구에 대한 고찰(홍영오?연성진) ·····················45
제1절 데이트폭력의 개념 및 유형 ······························································47
1. 데이트 폭력의 개념 ······················································································47
2. 데이트폭력의 유형 ························································································48
제2절 이론적 논의 ······················································································50
1. 데이트폭력에 대한 이론 ··············································································50
2. 데이트폭력과 관련된 요인 ···········································································54?제3장?공식범죄통계 상의 피해실태와 범죄자특성
및 상담통계 상의 피해실태(홍영오) ······················59
제1절 공식범죄통계상의 피해실태 및 범죄자 특성 ····································61
1. 범죄유형별 피해실태 ····················································································61
2. 연인 대상 범죄자 특성 ················································································76
3. 범죄유형별 범죄자의 특성 ···········································································91
4. 범죄유형에 따른 피해자 범죄자 관계별 범죄자의 특성 비교 ················108
제2절 상담통계상의 피해실태 ···································································125
1. 전국 성폭력상담소 ···················································································125
2. 한국성폭력상담소 ·····················································································127
3. 한국여성의 전화 성폭력상담소 ·································································134
제3절 소결 ································································································136
1. 공식범죄통계상의 피해 실태 ·····································································136
2. 상담통계상의 피해 실태 ············································································138
?제4장?청구전조사서 기록조사(홍영오) ···························141
제1절 연인 대상 살인범죄의 특성 ····························································143
1. 조사대상자의 사회인구학적 특성 ······························································143
2. 형법적 특성 ································································································148
3. 범죄피의자 특성 ·························································································149
4. 피해자의 사회인구학적 특성 ·····································································161
5. 범행특성 ······································································································163
6. 범행방법 ······································································································183
7. 검거과정 및 혐의사실 인정여부 ·······························································195
제2절 연인 대상 성폭력 범죄의 특성 ······················································198
1. 조사대상자의 사회인구학적 특성 ······························································198
2. 범죄피의자의 특성 ·····················································································206
3. 범행장소 및 시간 ·······················································································220
4. 범행 시 피의자와 피해자의 상태 ·····························································226
5. 피해결과 ······································································································238
제3절 소결 ································································································241
1. 연인대상 살인범죄의 특성 ········································································241
2. 연인 대상 성폭력 범죄의 특성 ·································································244
?제5장?데이트 폭력 실태조사 결과(홍영오?연성진) ·············247
제1절 데이트 폭력피해 실태 ····································································249
1. 조사대상자의 특징 ·····················································································249
2. 데이트 폭력피해 실태 ················································································255
3. 결별 후 상대방의 반응 및 생활변화 ························································286
4. 데이트 폭력에 대한 인식 ··········································································288
제2절 데이트 폭력가해 실태 ····································································290
1. 조사대상자의 특징 ·····················································································290
2. 데이트 폭력가해 실태 ················································································295
3. 데이트 폭력에 대한 인식 ··········································································312
4. 폭력가해자와 비가해자의 특성 비교 ························································313
5. 가해자에 대한 심층면접 결과 ···································································315
제3절 성 및 폭력에 대한 인식 ································································322
1. 성에 대한 인식 ···························································································322
2. 연인간 폭력에 대한 태도 ··········································································323
3. 폭력허용도에 대한 성별 차이 ·································································325
4. 연인간 폭력의 대응에 대한 태도 차이 ····················································326
제4절 소결 ································································································327?제6장?친밀한 관계에서 발생하는 폭력의 피해자
보호에 대한 비교법적 연구(주승희) ····················331
제1절 영국 ································································································333
1. 서론 ·············································································································333
2. 영국 가정폭력전과공개법, 일명 클레어법의 제정 배경 및 경과 ···········334
3. 가정폭력전과공개제도(Domestic Violence Disclosure Scheme)의 주요
내용 ··················································································································336
4. 가정폭력 개념의 재정립 ············································································344
제2절 미국 ································································································345
1. 개요 ·············································································································345
2. 연방차원의 대응: 여성폭력방지법 ····························································346
3. 주(州) 차원의 대응: 아리조나 주(State of Arizona) ····························356
제3절 독일 ································································································359
1. 개요 ·············································································································359
2. 독일에서의 가정폭력이나 성폭력 등 여성에 대한 폭력의 발생 현황···360
3. 연방차원의 대응: 폭력보호법 ····································································364
4. 주(州) 차원의 대응:
메클렌부르그-포어폼메른(Mecklenburg-Vorpommern)주 ·······················366
제4절 세계보건기구(WHO)의 친밀한 관계에서의 파트너에 의한 폭행과
여성에 대한 성범죄에 대한 대응에 관한 지침서 ···························368
1. 개요 ·············································································································368
2. 각 항목별 권고 내용 및 권고 정도 ·························································370
제5절 소결 ································································································382
?제7장?결론(홍영오?연성진) ··············································385
제1절 연구결과의 요약 ·············································································387
1. 공식범죄통계상 및 상담소통계상의 피해 실태 ········································387
2. 설문조사에 나타난 피해 및 가해 실태 ····················································389
3. 청구전조사서 기록조사에 나타난 범행 및 범죄자 특성 ·························392
4. 비교법적 분석 결과 ···················································································396
제2절 정책제언 ·························································································399
1. 전과정보공개제도 도입 검토 ·····································································400
2. ‘가정폭력범죄의 처벌 등에 관한 특례법’을 통한
데이트폭력피해자 보호 ··············································································402
3. 데이트 폭력에 대한 인식 전환 ·································································403
4. 폭력에 대한 태도 전환 교육 조기 실시 ··················································404
5. 폭력의 순환성 방지 및 치료 ·····································································406
6. 피해자 지원 강화 ·······················································································406
7. 미디어를 통한 피해 대처방안 안내 ··························································407
8. 연구 지원 ····································································································408
참고문헌 ···········································································409
Abstract ··········································································427
부록 ··················································································