asserted that the direct monitoring of the perpetrator's location is needed so that the victim
can avoid the perpetrator.
However, on the contrary, some assert that there are concerns over violating the
perpetrator's privacy. As a result, a conditional release system is discussed as a compromise
to the arrest of stalking perpetrators. The conditional release system refers to a system in
which a judge dismisses a request for an arrest warrant and instead releases the suspect under
certain conditions, such as payment of a bond, restriction on housing, attachment of
electronic devices, and prohibition on contacting the victim. In Sep. 2022, the Supreme
Court has stated that the current personal restraint system has its limitations as it can only
make an all or none decision, and therefore, it is necessary to introduce a conditional release
system at the stage of an arrest warrant and harmonize the principle of presumption of
innocence, the principle of investigation without detention, and the protection of victims.
C) Proactive Efforts to Protect the Stalking Victims
From January to August 2022, out of 18,806 safety measures for crime victims taken by
the police, measures against stalking victims accounted for the highest proportion with 4,266
cases. It was followed by sexual violence (3,899 cases) and domestic violence (3,443 cases).274)
Stalking is seen as an act of threatening because it ignores the wishes of the stalking target,
and it can cause a serious fear for personal safety in everyday life, along with invasion of
privacy, which can have a lasting impact on social life afterwards. According to the ‘Results
from the Study on the Anti-Stalking Legislative Policy’ by a research team of the
Department of Criminal Psychology at Kyonggi University, 226 out of 256 stalking victims
(88.4%) complained of a serious level of fear for personal safety in their daily lives, and 206
people (80.4%) felt ‘hatred and distrust of others.’ Some victims quit school or work and
move to other places.
273) According to a Yonhap News report (Sep. 20), from 2021 to June 2022, re-reports by victims who were under
personal protection were 7,772 cases. Among them, arrest investigations were carried out in 211 cases, which
accounted for 2.7%, and in the case of provisional measure No. 4, which confines the offender to a detention
center or at a police station, the court's citation rate was found to be around 43%.
274) Newspim, [National Assembly] Rep. Lee, Tan-hee, “Crime requesting police personal protection is ‘stalking’,” Oct.
19, 2022.
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