'Stalking Punishment Act' Passed by the National Assembly After 22 Years... Can It Prevent a Second Kim Taehyun?

Suspect in Nowon-gu Three Mothers Murder Case is 25-Year-Old Kim Taehyun
'Anti-Stalking Law' Passed by National Assembly Last Month
Women's Groups "Difficult to Ensure Effective Victim Protection"
Experts "Additional Provisions Needed for Victim Safety Protection"

Suspect Kim Taehyun, accused of breaking into an apartment in Nowon-gu, Seoul, and killing a mother and her two daughters, is being transferred to the prosecution at Dobong Police Station in Seoul on the 9th. Photo by Kang Jinhyung aymsdream@

[Asia Economy Reporter Heo Midam] "If the Stalking Punishment Act had been enacted sooner, could the victim have been protected?"

As the so-called 'Stalking Punishment Act' passed the National Assembly after 22 years, criticism is emerging that the bill focuses more on 'punishing the perpetrator' rather than 'protecting the victim.' The law, which will take effect in September, stipulates that anyone who stalks by continuously following or harassing another person without justifiable reason may face up to five years in prison.

Although the punishment level has been increased, the bill retains the 'non-prosecution upon victim's request' clause, leading to criticism that it is a 'half-baked law.' From the victim's perspective, if they are afraid of retaliation from the perpetrator and cannot report or withdraw their intention to prosecute, the perpetrator may commit the crime again.

Consequently, concerns are raised that cases like the horrific 'Nowon Three Mothers Incident,' where a woman and her two daughters were brutally murdered after about three months of stalking, could recur. Experts suggest that provisions for protecting the victim's safety should be added to the 'Stalking Punishment Act.'

The police stated at a press briefing held immediately after transferring the suspect Kim Taehyun (25), who murdered the three mothers in an apartment in Nowon-gu, Seoul, on the 9th, "The victim blocked contact and refused to meet, and it is believed that Kim wanted to know the reason, felt anger, and a sense of betrayal."

According to the police, Kim met Ms. A through an online game last year. After playing games together several times and exchanging messages, they met three times in January this year.

The incident began on January 23 this year during a meal with four acquaintances Kim met through the game, including Ms. A, where an argument broke out.

After deciding to commit the crime, Kim searched online for methods of murder. After preparing, Kim stole a weapon from a mart, disguised himself as a delivery service worker, entered the apartment, and sequentially murdered Ms. A's younger sister, mother, and Ms. A.

The police additionally charged Kim with violations of the Information and Communications Network Act, including network intrusion. However, since the 'Stalking Punishment Act' will be enforced from September, it could not be applied to Kim. Instead, the police applied the current Minor Offenses Act for continuous harassment.

Kim Tae-hyun, who is accused of murdering the 'three mothers' in an apartment in Nowon-gu, Seoul, is taking off his mask as he leaves Dobong Police Station in Seoul on the morning of the 9th to be transferred to the prosecution.
[Image source=Yonhap News]

The 'Stalking Punishment Act,' passed by the National Assembly last month, primarily imposes criminal penalties of up to three years imprisonment or fines up to 30 million won for stalking offenders. If the offender carries a weapon, the sentence increases to up to five years imprisonment or fines up to 50 million won. This is the first enactment of such a law in 22 years since the bill was first proposed in the 15th National Assembly. Until now, stalking was classified as a minor offense with fines of up to 100,000 won.

However, since the bill includes the 'non-prosecution upon victim's request' clause, victim protection is still considered insufficient. If victims, fearing retaliation, do not wish to prosecute the perpetrator, it is difficult for the police to intervene in the case.

In this regard, Korea Women's Hotline issued a statement immediately after the law's passage, pointing out, "The continuation of the non-prosecution clause that silences victims, the absence of victim protection orders that victims can directly apply for to the court, and the lack of support systems for victims' daily recovery make it difficult for the current bill to guarantee effective victim protection and human rights."

They added, "Although the bill superficially includes cohabitants and family members within the victim category, it only defines them as targets of stalking 'acts' without any substantial protective measures."

Meanwhile, the fact that many stalking victims fear reporting is also problematic. In stalking crimes, perpetrators who are well aware of the victim's circumstances may threaten the victim using family or acquaintances as leverage.

In May last year, a woman in her 60s who ran a restaurant in Changwon suffered stalking from a male customer in his 40s for years but did not report it to the police. The perpetrator sent over 100 calls and messages over three months, but the victim reportedly did not report separately to the police for fear of worrying her family.

The Women's Party, which assisted the bereaved family with litigation, explained at a National Assembly forum, "At that time, the victim did not report the incident for reasons such as 'not wanting to create a bad relationship with a local young man' and 'not wanting to worry the family.'"

Experts emphasize that provisions for protecting victims' safety should be added to the Stalking Punishment Act. Professor Lee Sujeong of the Department of Criminal Psychology at Kyonggi University said in an interview with KBS Radio's 'Choi Kyungyoung's Strong Current Affairs' on the 6th, regarding the 'Nowon Three Mothers Murder Case,' "It has been confirmed that the stalking period was about three months. If the Stalking Punishment Act existed and the stalking was reported, the police might have been able to take measures, which is regrettable."

Professor Lee also stated, "More detailed provisions for protecting victims' safety should be added to the Stalking Punishment Act," and "Whether to newly revise victim protection laws is a matter that should be discussed in the National Assembly."

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