(A) study on domestic violence of married migrant women from the erspective of international law and human rights

다국어 초록 (Multilingual Abstract)

As the globalization and patriarchal culture coexist, the feminization of migration, especially from developing countries to developed countries is becoming more and more active. This is no exception in Korea and caused many migrant women to come to Korea through marriage brokerage businesses. While this caused many new social phenomena in Korean society, domestic violence is one of a prevalent experience among migrant women who reside in Korean society. It is reported that more than 40% of the migrant women experience domestic violence in their homes.
Based on the situation, this thesis is written with the purpose to achieve the violated rights of migrant women who experience domestic violence. In order to attain the purpose, exploring legal ground that could support the abused migrant women have done in the thesis. Thus, through international laws, the thesis reconfirms the rights of migrant women who experience domestic violence after exploring reasons of domestic violence regardless of the existing domestic mechanisms. Further, as international norms suggest concrete action plans for government to protect the rights of migrant women who experience domestic violence, these provisions are used to analyze the condition in Korea.
In such a process, the major method that was used is international norms that have provisions that deal with rights of migrant women. Through the norms, definition of domestic violence was defined, the rights of migrant women who experience domestic violence was reaffirmed, and analysis of the current situation was made. However, various attempts from different stage is required in order to fully protect the rights of migrant women who experience domestic violence. As well as more refined domestic legal mechanisms, multifaceted approaches that consider dynamics of domestic violence against married migrant women will have to be taken.

목차 (Table of Contents)

• Introduction 1
• I. Literature Review 4
• II. Factual Background 9
• 2.1. Background History of Migrant Women 9
• 2.2. Definition of Domestic Violence 11
• 2.3. Current Situation of Domestic Violence Experienced by Married Migrant Women 14
• 2.4. Reasons of Domestic Violence Experienced by Married Migrant Women 23
• III. Legal Background: International Law 32
• IV. Legal Background: Domestic Law 42
• 4.1. Domestic Laws 42
• 4.2. Domestic Measurements 45
• V. Analysis and Discussion 49
• 5.1. Analyzing Domestic mechanisms/situation with international norms 49
• 5.2. Proposal 63
• Conclusion 67
• BIBLIOGRAPHY 68