"Stalking Punishment Act, insufficient protection of victims" ...Reports quadrupled in a year

After the Stalking Punishment Act took effect, reports of stalking damage increased significantly, but it was pointed out that the protection of victims was insufficient.

According to multiple media reports on the 26th, researcher Kim Hak-shin pointed out this in a report titled "The police's effective response to protect victims under the Stalking Crime Penalty Act."

In particular, he argued that to protect stalking victims, the enforcement power of measures such as "emergency emergency measures" or "temporary measures" that quickly separate perpetrators and victims should be increased.

According to the Stalking Punishment Act, which took effect on October 21, 2021, stalking is ▲ the act of approaching or following the other party or his housemate or family (hereinafter referred to as the other party) ▲ the act of waiting or watching at a place where the other party lives on a daily basis ▲ the act of having the other party reach an object, text, word, picture, or video using mail, phone, fax, or information and communication network.

If you do such an act without justifiable reason against the will of the other party, causing anxiety or fear, a crime is established.

The police can take emergency measures after receiving a stalking report. This is a measure that prevents the perpetrator from accessing within 100 meters of the victim and prohibits access by means of telecommunication.

Under the current stalking punishment law, a fine of up to 10 million won can be imposed if the perpetrator violates emergency measures, but the report points out that this is highly likely not to prevent additional stalking crimes.

This is because even if a fine is imposed, unlike criminal punishment, criminal records do not remain, and even if a fine is not paid, there is a lack of means to enforce it. In some cases, the perpetrator shows an attitude such as, "Isn't it enough to pay, or if you're going to report it, report it."

Researcher Kim said, "If stalking perpetrators intentionally or intentionally violate emergency measures, an in-depth review is needed so that they can receive criminal penalties such as imprisonment, not fines."

Some pointed out that the period of provisional measures to keep the perpetrator in a detention center or detention center is too short.

Article 9 of the Stalking Punishment Act limits the period of provisional measures for prohibiting access using telecommunications to two months, and the period of provisional measures for detention or detention centers to one month.

In the case of provisional measures to ban access to telecommunications, it can be extended twice to two months, increasing it to up to six months, but the report points out that even this needs to be extended again.

According to the National Police Agency, the number of stalking reports in June last year was 14,272, about four times higher than the same month last year (3482) before the law took effect.

From October last year to July this year, when the law took effect, the rate of violation of emergency measures stood at 11.0 percent (662 out of 6,030) during the same period. During the same period, the rate of violation of provisional measures stood at 8.0 percent (955 out of 10,2008).

Date: 2023-12-26

Reporter: 서화목