Stalking punishment has been strengthened. The Legislation and Judiciary Committee passed a revision of the anti-stalking law on June 20, eliminating the provision that previously prevented the punishment of stalkers under the victim’s consent. Due to this provision, many victims have faced threats from stalkers seeking settlements in the meantime. Numerous experts in criminal law had constantly warned about the problem caused by this provision since the law’s inception. With this revision, the public expects enhanced protection for victims. However, the Act on Punishment of Crime of Stalking, which took 22 years to legislate, still has a long way to go. Therefore, discussion aimed at protecting victims must continue.
The Definition of Stalking
The Korean dictionary defines stalking as mentally and physically tormenting someone by persistently chasing them against their will. Watching or chasing someone, sending things via electronic devices, and damaging his or her property are specified as stalking in anti-stalking law. The law in Korea stipulates stalking based on the stalker’s actions. Therefore, victims must collect evidence to prosecute offenders. Many victims experience pain in this process. Additionally, this revision has included cyberstalking, where posting or sharing personal information with a third party can be punished as stalking. In cyberstalking, many loopholes can arise due to the rapid evolution of technology. Hence, the most crucial aspect is to promptly control any emerging forms of stalking and establish a precedent for punishment as soon as they appear.
Revision of the Law
The United States and Britain legislated anti-stalking law in the 1990s and Japan implemented its law in 2000. In Korea, 14 anti-stalking bills were proposed from the 15th to the 20th National Assemblies. However, they had been delayed due to difficulties in distinguishing stalking from affection. Previously, stalkers were only fined 100,000 won as a misdemeanor. During that time, there were many cases where victims by stalkers were killed, which is a tragic outcome of the light punishment for stalkers. Finally, the National Assembly passed the Act on Punishment of Crime of Stalking on March 24, 2021, which took effect on October 21, 2021. People demanded the elimination of the clause which allows offenders to avoid convictions when they obtain forced consents from the victims who are afraid of being retaliated. As anticipated, many incidents of stalking-related attacks occurred. The murder case at Seoul’s Sindang Station, where a woman was killed by a former coworker stalking her on September 14, 2022, led to the abolition of the clause. The victim’s protection loopholes and unproper measures against stalking offenders ultimately contributed to the victim’s death. Consequently, the clause was eliminated 9 months after the Sindang Station case.
Punishment and Measures
First, under the anti-stalking law, stalkers can be punished with up to 3 years in prison or fines of up to 30 million won (US$ 23,160.85). If a stalker possesses weapons, they could face sentences of up to 5 years in prison or fines of up to 50 million won (US$ 38,607.68). In the past, victims who requested police protection were provided with a smart watch for emergency calls.
Second, with this revision, some stalkers under surveillance may wear electronic monitoring devices to see if they are approaching a victim.
Third, the protection period for victims and the temporary measures period for offenders have also been extended from the basic 2 months to 3 months. Victims can apply for two extensions if necessary, and the maximum period has been extended from 6 months to 9 months.
Fourth, a law supporting victims was put in effect on July 18, 2023. Up to 10 million won in fines will be imposed on those who refuse police investigations without any reasonable cause. It also prohibits disadvantages that stalking victims may experience at work, such as personnel measures. Offenders are liable to imprisonment for up to 3 years or a fine of up to 30 million won (US$ 23,160.85).
When victims contact the National Police Agency 112 and the Women’s Emergency Phone 1366, they can receive legal services and assistance from facilities for protection.
Examples of Stalking
It was shocking that over 5,000 people were arrested within 5 months after the enactment of the anti-stalking law. The number of stalking crimes is increasing at this moment. Here are some cases of stalking committed recently.
Some stalking incidents occur within close relationships. A typical type is the case where stalkers kill their partners when they receive negative responses or rejection after their expression of affection.
Another type of stalking incident arises in situations where there is no personal relationship. Some cases involve stalking and even murder driven by delusions of a connection or based on nonexistent facts.
No matter where the victims move or no matter how they change their names, the stalkers track their identities using any way and threaten them, even going as far as threatening to kill their family if the victims contact the police.
The serious problem is that the victims feel scared by the stalker’s acts even if they are trivial. Criminal experts recommend that you should immediately report to the police when you suffer such a case. However, this is not easy because victims hesitate to report their cases because they are afraid of retaliation by stalkers.
Countermeasures for Stalking
First, it is important to block the stalker’s contact and not to respond, because stalkers recognize that the reply from victims is not rejection but an answer. Next, record what stalkers do to you in detail. If the situation is getting serious and you must report it to the police, it will be the evidence needed to prove stalking. Those who hesitate to report to the police can also be offered help from an institution specializing in women’s violence victims such as Women’s Emergency Phone 1366.
Even at their safe homes in the middle of the night, the victims feel afraid that they might get something done by the stalkers. This is how the victims feel and fear. With regard to stalking, the cause of crime are criminals, not victims. The affection of a normal person never causes fear to others, and normal people know how to accept rejection. However, stalkers’ expression of affection and abnormal acceptance of rejection are beyond common people’s imagination and become a threat.
Whenever there was a tragic case related to stalking, we can see this headline in the news- “We could have kept the victim from death.” Without loopholes in victim protection, there could have been more survivors. Stalking, a genderless crime, is mainly based on grudges or unrequited love and finally results in fatality. Therefore, the government must stipulate strong laws that can punish any acts that cause fear.
