“A special law should be enacted to punish stalking and protect the rights of victims.”

Last month, the government deliberated and decided on the promulgation of the Act on Punishment of Stalking Crimes (Stalking Punishment Act). It has been 22 years since the bill was first proposed in the 15th National Assembly. Until now, stalking has been punished only as a minor misdemeanor, but there are many cases that lead to larger crimes, so there have been voices calling for improvements in related laws.

The legal community analyzed this decision as a change in perception that stalking is not just a women's problem, but that anyone can be a target of the crime. There are five types of stalking crimes that will be implemented from September of this year, and in relation to the increased level of crime, the police are expected to prepare a related manual and actively enforce the law.

In the future, if you continue to stalk someone repeatedly, you will be subject to imprisonment for up to 3 years or a fine of up to 30 million won. If you use a dangerous object such as a weapon, you will be subject to imprisonment of up to 5 years or a fine of up to 50 million won.

In particular, obstructing one's path by approaching or following them, waiting or watching in everyday places such as residence, work, or school, using information and communication networks such as mail, telephone, and fax to deliver objects, text, words, codes, sounds, pictures, images, or pictures, sending objects directly or through a third party, and damaging objects placed in one's residence were all defined as behaviors that can cause anxiety and fear.

In addition, the police who receive the report must immediately go to the scene and, if necessary, take emergency measures such as issuing a written warning to stop the crime, prohibiting access within 100 meters, prohibiting access using telecommunications, and confining the offender to a detention center or detention center. If the damage is severe, measures have been taken to protect the victim by directing him or her to emergency treatment and counseling centers.

Meanwhile, although active criminal punishment has become possible with this stalking punishment law, there are some concerns. In July of last year, in a keynote speech at the National Assembly Debate on the Gender Violence and Murder Eradication Act, Shim Jae-guk, a criminal lawyer at Daeryun Law Firm (Limited), said, "You have to prove that the damage caused by stalking is continuous or repeated, and it is difficult to prove that it caused fear and anxiety. Unlike sexual crimes, it is defined as a crime of impunity against will, so the problem is that the perpetrator may try to reach an unreasonable agreement with the victim."

Regarding this, Attorney Shim recently said, "Last year, there was a case where a restaurant owner was murdered by a regular customer who frequented the restaurant. At the time, the perpetrator had been stalking the victim for a long time, but after being disciplined for obstructing business, he murdered the victim and was sentenced to 20 years. In addition, stalking crimes are continuously increasing, such as a case where a person was chased for 50 km on the highway but was sent back because he did not cause direct harm. There will be a need to enact a special law to protect the victims' rights and interests."
 

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