Blind Spots in the Punishment of Stalking Crimes

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   The seriousness of stalking is increasing every day and many people are calling on the government to reinforce penalties under the Act on the Punishment of Stalking Crimes. Not only public figures, but ordinary people are increasingly becoming a target of stalking crimes. The Dankook Herald (DKH) analyzed the blind spots of the Act on the Punishment of Stalking Crimes and offers a rational solution for them.

¡ã Types of Stalking (Photo from Kukminilbo)

   Stalking crimes are increasing in brutality. Recently a woman in her 40s was arrested for stalking a broadcaster. In another case, a man was arrested after three months for stalking and raping his girlfriend. Moreover, a woman who declared and applied for police protection from her stalker was murdered late last year. Many people are blaming the Act on the Punishment of Stalking Crimes for not being severe enough to deter aggressors from their pursuits. Many stalking victims are looking over their shoulders because the protective action they need is not available. They think more needs to be done.

   Stalking refers to the act of causing anxiety or fear to another person, against the other person, his or her housemate, or family without justifiable reason against their will. The actions include approaching, blocking one’s way, following, waiting, or watching information and communication networks without justifiable reasons, sending objects, writing, words, signs, sounds, images, damaging objects directly or nearby, and causing anxiety and fear. If the actions continue or are repeated after receiving a warning or complaint, the suspect is subject to a prison sentence of up to three years or a fine of up to 30 million won. If a dangerous weapon is involved, that punishment increases to a maximum of five years in prison and a fine of up to 50 million won. Violations of the Act on the Punishment of Stalking Crimes are followed by probation and an order to attend a lecture on appropriate behavior, whether they are imprisoned or not legally detained.

   If you call the police to report a stalking crime, they determine the level of risk and respond accordingly with emergency measures. The first level is caution. This includes warning the stalker that their behavior is unacceptable, or guiding the victim to a protective facility while their case is being investigated. The next step is crisis. Under these circumstances, a restraining order is issued and stalkers are prohibited access within 100m of the victim’s residence and the perpetrator is prevented from approaching the victim using telecommunications. A violation of this order results in a fine of up to 10 million won and up to two years in prison. The last level in a stalking case is severe. In addition to the actions set out under the crisis level, perpetrators are held in detention centers for up to one month while the case is being investigated. According to the enforcement of the Act on the Punishment of Stalking Crimes, legal counseling, defense, requests for investigations, accompanying investigations by outside agencies, and complaint offices are all services supported by the government.

¡ã The Crime Scene of Stalking in Guro (Photo from KBS News)

   The Act on the Punishment of Stalking Crimes aims to protect victims using the threat of heavy fines for convicted stalkers. According to an investigation conducted by each city from the ‘Korea New Network’, the number of police reports more than doubled, due to the increased punishment. However, the fear of punishment is not preventing murders committed by stalkers. Many experts and ordinary people are calling for more practical solutions in the Act on the Punishment of Stalking Crimes. According to a report on ‘News 1’, Seung Jae-Hyun, a researcher at the Korean Institute of Criminology said, “Action that can track the location of a victim and a criminal must be included in the legislation.” This would shorten the time it takes for the police to respond when a stalker breaks their restraining order. However, the fact that the Act on the Punishment of Stalking Crimes only focuses on offender punishment is also being criticized. According to the ‘Seoul Shinmun,’ Jeon Yun-Jeong, a legislative investigator of the National Assembly Research Service argued, “The Victim Protection Act should also include the omission of personal data and emergency financial support.” Because of secondary information leaks, the omission of personal data during an investigation process is crucial. Also, when a victim moves to prevent criminal retaliation, this unexpected move is a huge financial burden, so emergency financial aid should be supported. In addition, according to lawyer You Ung-Hyun of the Daily Pop, if a victim cannot report a stalker directly, they should ask an acquaintance to file the report instead. The most crucial improvement plan being called for is to jail the criminals immediately. 'KBS NEWS' called for the enactment of ‘provisional measure No.4’ so that police have the ability to hold stalkers at detention centers until a court hears their case. Finally, the biggest problem is that the perpetrators do not even recognize their behavior as criminal. This mindset must be addressed to fully protect the lives of everyone involved.

   Stalking is a serious social issue and can even lead to murder, so the system must be corrected to compensate for its blind spots. Only then can we all look forward to a safer future.


Á¤¼Ò¿¬, ±¸½ÃÇö, ÀÌäÇö  dankookherald@gmail.com
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