such as establishing a stalking reporting system, providing support services such as legal aid
and housing support, and preventing victims from being exposed, etc.
B) Substance of the Discussions on Improving the Stalking Crime Related Legislation
The current issue of the revision of the stalking punishment law is the abolition of the
crime of disapproval according to the victim’s will to punish the stalking crime. Article 18 of
the Stalking Punishment Act stipulates that the suspect cannot be punished if the victim
specifically expresses his/her intention not to be punished. However, since most of the
stalking crimes occur between acquaintances, victims may be forced to express their
intention of not wanting punishment for the fear of retaliation. Even if the stalking victim
does not want to ‘settle,’ there is a risk that the perpetrator will try to contact the victim for
a settlement and the victim will suffer even more.
Criticism is also raised that the scope of stalking stipulated in the Stalking Punishment Act
is too limited.271) Under the current law, the type of stalking behavior is limited to physical
access and direct reach to the other party, and the target of stalking is also limited to
cohabitants and family members. Therefore, blind spots in the law, such as approaching
through online, surveillance using electronic devices such as CCTVs, and damage to
neighbors and acquaintances may occur. An example is the case of Germany, where stalking
is comprehensively defined by enumerating the types of stalking in the law to included
‘other similar acts.’
The need for an effective means of monitoring perpetrators has been raise constantly.272)
According to the current system, the victim can be provided with a smartwatch that can
transmit location and make 112 reports, and take measures such as restraining order within
100 meters. However, there are problems of ineffective legal disposition in practice. For
example, in the case of ‘emergency measure,’ a restraining order against the perpetrator, the
penalty for violation is only a fine, and arrest and detention, which is a method that can
actually separate the perpetrator and the victim, is rarely carried out in practice.273) It is also
271) Kim, Jeong-hye, Legislative direction and policy tasks for protection and support of stalking victims, “Materials on
Lack of Legislation and Policies to Prevent Stalking and Future Tasks,” Oct. 4, 2022.
272) Hankyoreh, ‘Alarm’ should sound through ‘GPS’ tracking, Sep. 18, 2022.
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