'Even with reports, fines are only tens of thousands of won...' Light punishment for stalking crimes, is this acceptable?

583 Stalking Crimes Last Year... Doubled in 5 Years
Stalking Crimes Classified as 'Misdemeanor' Under Current Law... Punishable by Fines Up to 100,000 Won
Women’s Groups Say "Creating an Environment Where Victims Can Speak Out Is Important"

Photo by Yonhap News

[Asia Economy Reporter Kim Ga-yeon] As stalking crime incidents continue daily, criticism is mounting that punishments for perpetrators are too lenient. Since stalking is classified as a minor offense under current law, the level of punishment is said to be merely a slap on the wrist. Women's groups are raising their voices, calling for urgent amendments to related laws.

Recently, professional Go player Cho Hye-yeon, 9-dan, spoke out about being a victim of stalking. In a post on the Blue House's national petition site on the 23rd, Cho stated, "The male perpetrator, Mr. A, has been appearing at my workplace for a year, hurling all kinds of insults and shouting," adding, "Law enforcement has neither arrested nor temporarily detained this person who threatens to kill me and those around me."

She continued, "Mr. A has hurled insults, shouted, threatened, and insulted me and those around me, so I filed a criminal complaint. I reported to the police three times, but he was fined only 50,000 won and was effectively let off with a warning," and argued, "The repeated occurrence of such incidents is believed to be due to the current stalking punishment law being too mild and imposing weak penalties." She urged the National Assembly to treat stalking crimes as serious offenses at the legislative level.

The number of stalking crime cases has been increasing every year. Last year, the number of stalking crime arrests was the highest since statistics began in 2013.

According to data submitted by the National Police Agency to Jeong Chun-sook, a member of the National Assembly's Gender and Family Committee from the Democratic Party of Korea, in January, last year's number of stalking crime arrests was recorded at 583 cases. Yearly figures were 312 in 2013, 297 in 2014, 363 in 2015, 557 in 2016, 438 in 2017, and 544 in 2018. Compared to five years ago, the number of stalking crime cases nearly doubled.

The problem lies in stalking crimes being classified as "continuous harassment" under the Minor Offenses Punishment Act.

Article 3, Clause 41 of the Minor Offenses Punishment Act stipulates that "a person who repeatedly attempts to approach against the explicit will of the other party to demand meetings or relationships, or repeatedly engages in acts such as watching, following, or lurking" shall be subject to a fine of up to 100,000 won, detention, or a surcharge. According to police statistics, the average fine per arrest last year was only about 94,000 won.

Because the punishment level is low and it is difficult to punish stalking crimes that fall outside the scope of this provision, calls for the enactment of a "Stalking Prevention Act" are emerging. Although several bills related to punishing stalking crimes have been proposed over the past 20 years since 1999, all have failed to pass the National Assembly and were discarded. Consequently, the legislative body has been criticized for lacking gender sensitivity.

Professional Go player Cho Hye-yeon posted on the Blue House National Petition on the 23rd / Photo by Blue House National Petition Board capture

Experts have urged understanding the seriousness of stalking crimes and enacting laws to prevent them.

Professor Lee Soo-jung of Kyonggi University's Department of Criminal Psychology said on MBC's "Shim In-bo's Focus" last year, "South Korea currently has no Stalking Prevention Act. At best, perpetrators receive fines. But if they are fined, they roam again, try again, or retaliate, so who will stop them next?" She emphasized, "In foreign countries, stalking is a serious crime. In common law countries, if stalking is presumed to be a sexual crime causing extreme fear, imprisonment can be imposed."

Overseas, stalking is classified as a separate crime, and perpetrators are severely punished. The United States began with California's enactment of a stalking prohibition law in 1990, followed by all 50 states adopting laws banning stalking. Accordingly, stalking perpetrators can face imprisonment of up to five years or fines.

In the UK, the "Protection from Harassment Act" was enacted in 1997 and is in effect, while Germany established the "Law on the Punishment of Persistent Pursuit" in 2007, punishing acts such as approaching without consent or repeatedly contacting someone. Japan also enacted the "Act on Regulation of Stalker Activities" in 2000.

Women's organizations have suggested that strengthening punishments for perpetrators is important to create a social environment where victims can safely disclose their experiences.

The Sexual Violence Counseling Center of the Korean Women's Minwoo Association stated, "(Stalking crimes) are not simply twisted affection or interest, or the fault or crime of psychopaths, but a type of crime frequently committed to control women, and like sexual violence cases, they often occur in intimate relationships," adding, "Threats occur both online and offline and can lead to other sexual violence offenses. The current situation may have arisen because this was not taken seriously or properly addressed."

They further pointed out, "Stalking is perceived as a 'violent' and 'specific' incident, and lawmakers also understand it that way, so the seriousness of the incidents and the urgency of response may be sidelined."

The counseling center emphasized, "Fundamentally, it is important to create an environment where victims can speak about their experiences," and stressed, "Society must recognize stalking not as a minor offense but as a 'serious crime,' and the legal system must be able to impose punishments so that victims can participate in subsequent investigations."

This content was produced with the assistance of AI translation services.