'Stalking, Child Abuse, Domestic Violence'... Will Police Preemptive Intervention Be Legislated?

Crimes Against Socially Vulnerable Groups Difficult for Police Preemptive Intervention
Even with Suspicious Reports, Forced Separation of Perpetrator and Victim Not Possible
'Temporary Measures' Only Allowed After Recurrence of Violent Acts
Stalking Punishment Law Pending in National Assembly for 20 Years
Legal Basis and Authority Must Be Revised for Active Police Involvement

[Asia Economy Reporter Lee Gwan-ju] Representative crimes targeting socially vulnerable groups such as women and children?stalking, child abuse, and domestic violence?share the common challenge that police intervention beforehand is difficult. Even if suspicious reports are received, the police lack the legal authority to separate the perpetrator and victim if no actual criminal act or suspicion is found.

According to the National Police Agency on the 17th, the number of stalking crime reports last year was 5,468, a significant increase from 2,772 cases in 2018. The number of reports from January to July this year was also recorded at 2,756. During the same period, reports of child abuse increased from 36,417 to 41,389 cases, and arrests for domestic violence rose from 41,905 to 49,873 cases.

However, police responses have repeatedly left much to be desired. Famous musical actress Bae Da-hae (37), who recently filed a complaint against a stalking perpetrator with the police, wrote on her social network service (SNS), "While gathering evidence with my lawyer and requesting personal protection, I realized the harsh reality that no special measures are taken against stalkers even after reporting, and I often felt despair." In the case of a 16-month-old girl in Yangcheon-gu, Seoul, who was abused by foster parents and ultimately died on the 13th, child abuse was reported three times, but the police and child protection agencies failed to find evidence of abuse and repeatedly had to return the child to the parents. At a press briefing held the day before, Police Deputy Commissioner Song Min-heon said, "We have instructed frontline police officers to separate the child unconditionally if there are two reports of child abuse and the child has bruises or wounds."

National Police Agency. Photo by Asia Economy DB

However, fundamental prevention of such incidents requires institutional support. The reality that public authority intervenes only after harm occurs is partly due to the lack of police authority. The so-called 'Stalking Punishment Act,' which strengthens punishment for stalking crimes and codifies police preemptive intervention, was first proposed in the 15th National Assembly in 1999 and has been proposed 14 times up to the 20th National Assembly but has never passed the National Assembly. In the 21st National Assembly, six bills have been proposed but remain pending.

The same applies to domestic violence and child abuse. The current Domestic Violence Punishment Act and Child Abuse Punishment Act stipulate the conditions for 'temporary measures' to separate victims and perpetrators as 'in case of recurrence of violent acts.' Temporary measures also require the police to apply to the prosecution, the prosecution to request the court, and the court to make the final decision, making it difficult to protect victims promptly. Kim Chang-ryong, Commissioner of the National Police Agency, recently expressed regret in an interview with this publication, saying, "Even if police take proactive and preemptive actions, they need legal backing to avoid disadvantages, but since that is not the case, frontline officers inevitably hesitate."

Ultimately, the ball is back in the National Assembly's court. Efforts are underway to amend the law to change the condition for temporary measures from 'risk of recurrence' to 'risk of occurrence' and to grant police the authority to enter and investigate upon suspicion of child abuse reports. A National Police Agency official emphasized, "For the police to play an active role in stalking, child abuse, domestic violence, and the like, it is essential to improve the currently insufficient legal grounds and authorities."

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