Stalking, which was treated as a misdemeanor, will be severely punished from now on.

From October 21st, the Stalking Punishment Act took effect. Until now, stalking crimes have been dismissed as "private matters between individuals," and many stalking activities have occurred, but the punishment has been minor. This soon served as an opportunity to urge the enactment of laws on stalking crimes from all walks of life. Finally, the Act on the

 

Punishment of Stalking Crimes was enacted, and 451 reports were received nationwide just four days after the policy was implemented. 

The key requirements for punishment under the Stalking Punishment Act are “sustainability” and “repetition.” Until now, stalking perpetrators have been punished for continuous harassment under the Misdemeanor Punishment Act, and have only been detained or fined, up to 100,000 won. However, if you commit stalking crimes repeatedly, you can be sentenced to up to three years in prison, and if you commit a crime using a weapon, you can be punished up to five years in prison. Acts prescribed by stalking are as follows: acts of approaching or blocking a career path to the other person, his/her family, or cohabitant without justifiable reasons against the other person's will and waiting or watching in or near the residence. In addition, acts of causing anxiety and fear using mail, telephone, etc., or damaging objects placed near the victim’s house are considered stalking crimes if they have been carried out without justifiable reasons.

   A change in the response method occurred in that stalking, which was in the blind spot of the law, was defined as a criminal crime and the police were given the authority to take measures to protect victims, such as temporary disposition against the perpetrator. The police's response to stalking consists of three stages: first aid, emergency first aid, and temporary measure. First aid is to stop and warn of stalking activities, and to guide the victim to a protection facility during the time of the investigation. Emergency first aid is a step in which an order to prohibit access within 100m of the victim’s residential area and to prohibit access using telecommunication can be issued. Violation of this can result in a fine of up to 10 million won. Lastly, in the temporary measure stage, it is possible to hold the perpetrator a *detention center or detention center. Violation of the prohibition of access at this stage may result in up to two years in prison.

 

   Jeong Sang-Jo (Chief inspector, Geumjung Constabulary of Busan) said, "This stalking punishment law will strengthen regulations on criminal acts that have previously been lightly punished. It shows a positive aspect that contributes to social stability by strongly punishing them. In particular, it plays a significant role in protecting the socially disadvantaged. For example, it has the effect of dispelling concerns about crime damage that victims have felt so far. It also raises3 awareness to prevent crimes from occurring in advance through stronger punishment for perpetrators. Through this, it is possible to block the act of inducing secondary crimes. In the future, our police will pay more attention to stalking crimes.”

 

* Detention: Confining a criminal in a prison or police station detention center for a period of more than one day and less than 30 days to bind freedom.

 

By Hong yun-woo, Cub Reporter

hong9171@pusan.ac.kr

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