An Empirical Analysis of Court Judgments on Dating Violence: Characteristics and Legislative Considerations

The purpose of this study is to diagnose the characteristics of dating violence through judgment analysis and suggest policy recommendations for future legislation to punish dating violence. A total of 152 stalking court decision cases between January 1, 2015 and March 1, 2025 were analyzed. The analysis results show that 60.5% of the perpetrators have a criminal record, and many cases occur together with sexual crimes and stalking, so follow-up management is necessary for high- risk groups with a high risk of recidivism. 53.3% of the cases occurred shortly after the victim's announcement of intent to leave or at the end of the relationship, indicating a persistent and recurring pattern, which calls for discussion on the timing of early victimization interventions. However, short-term punishments have limitations in terms of effective punishment and reoffense prevention. Currently, dating violence lacks a legal definition and institutional foundation, which limits its diagnosis and response, and can develop into a serious crime. Accordingly, this study proposes a plan to include dating violence in the subject of discipline along with the revision of the current “Domestic Violence Punishment Act”. This study is significant in that it sheds light on the reality and dangers of dating violence through recent case law, and can be utilized as a basis for future legislative discussions.