Victim Protection Missing in 'Stalking Punishment Law'... "Personal Safety and Protection Orders Essential"

Stalking Punishment Act Only Specifies Access Ban Through Investigative Agencies
Victim-Initiated 'Victim Protection Order' Must Be Introduced
Essential to Establish Supplementary Measures to Prevent Tragedy Like Nowon Three Women Case from Reoccurring

[Asia Economy Reporter Han Jinju] A bill that allows for up to five years imprisonment for stalking has passed the National Assembly and will be implemented in October. However, it has been pointed out that the bill lacks provisions to protect stalking victims, indicating a need for supplementation. To prevent tragedies like the 'Nowon Three Women Incident,' where stalking escalated to murder, effective protective measures must be urgently established.

The National Assembly Legislative Research Office pointed out in its report titled "Current Status and Tasks of Laws and Systems for Protecting Stalking Victims" that "measures such as introducing personal safety measures to protect stalking victims and reporters, victim protection orders, strengthening protection of victim information during investigations, and specifying responsibilities of the state and local governments need to be supplemented."

The Stalking Punishment Act passed the National Assembly 22 years after it was first proposed in 1999. The Act only stipulates punishment for perpetrators, emergency measures, and provisional measures, but lacks content on protecting victims. Stalking often occurs between acquaintances, and despite victims' efforts such as changing jobs, taking leave, moving, or deleting SNS accounts, it is common for perpetrators to obtain their information.

The Stalking Punishment Act Only Includes 'Emergency Measures' and 'Provisional Measures'

The Stalking Punishment Act stipulates emergency and provisional measures to protect victims. Article 3 requires judicial police officers to immediately go to the scene upon receiving a report of ongoing stalking crimes, restrain the perpetrator, notify them of future prohibitions, and guide the victim on the provisional measure request procedures. Judicial police officers may take emergency measures such as prohibiting approach within 100 meters or prohibiting access via telecommunications, either ex officio or upon request by the other party or legal representative, if there is a risk of stalking crime occurrence and for prevention.

Provisional measures can be requested by prosecutors ex officio or police to the court to prohibit approach within 100 meters or detention in a jail or detention center if there is a risk of recurrence. The Act also includes a dedicated investigation system for stalking crime victims. The Prosecutor General or police chief is required to designate judicial police officers dedicated to investigating stalking crimes.

Protection for Stalking Victims Focuses on Counseling... Only 14 Used Emergency Shelters

Until now, protection and support for stalking victims have been provided through the female violence victim protection system based on the Act on the Prevention of Violence against Women. The Ministry of Gender Equality and Family (MOGEF) has offered protection and support services through sexual violence and domestic violence counseling centers, the women's emergency hotline 1355, and emergency shelters. Over three years since 2018, the number of stalking victim consultations reached 1,348, 2,499, and 2,090 cases respectively. Victims needing a place to stay to avoid perpetrators can use emergency shelters operated by the women's emergency hotline 1366 for up to 30 days. From 2019 to 2020, only 14 victims used these shelters.

In response to calls for urgent support for stalking victims, MOGEF introduced additional measures. MOGEF decided to prioritize providing necessary services such as lodging, counseling, programs for mental and physical stabilization and recovery, medical support, and legal support linkage to stalking victims by utilizing protection facilities for domestic violence and sexual violence victims. This allows stalking victims to use the same services and facilities as sexual and domestic violence victims.

Introduction of Personal Safety Measures and Victim Protection Orders is Essential

To effectively protect stalking victims and reporters, personal safety measures need to be supplemented. The Crime Reporters Protection Act allows prosecutors or police chiefs to take or request personal safety measures for crime reporters or their relatives if there is a risk of retaliation. The Legislative Research Office stated, "Currently, personal safety measures are possible through laws such as the Crime Victim Protection Act, but it is necessary to explicitly specify them. The Sexual Violence Punishment Act also applies the 'personal safety measures' from the Crime Reporters Protection Act, and the Domestic Violence Punishment Act has separate provisions. Therefore, it is necessary to consider introducing personal safety measures by referring to these legislative examples."

It is also necessary to introduce a 'victim protection order' that victims can directly request. Under the Stalking Punishment Act, the structure is such that the police or prosecutor requests and the judge decides. The Legislative Research Office explained, "To minimize protection gaps for victims, a victim protection order system that allows victims to directly apply to the court without going through investigative agencies is needed. This system is frequently used for domestic violence victims and greatly contributes to victim protection."

Strengthening protection of victim information and specifying responsibilities of the state and local governments are also necessary. Articles 7 and 9 of the Crime Reporters Protection Act include restrictions such as omitting personal details and prohibiting disclosure of personal information to protect victim information, and the Sexual Violence Punishment Act applies these standards. Therefore, similar measures should be prepared. The Legislative Research Office explained, "It is necessary to specify victim protection measures such as prohibiting disadvantageous treatment in employment, prohibiting disclosure of victims' private information, and special provisions for legal representation." Specifying the responsibilities of the state and local governments in establishing and operating stalking reporting systems, operating victim protection and support facilities, and providing victim support services is essential for practical protection.

Separate Enactment of 'Stalking Victim Protection Act' or Supplementing Protective Measures in the Punishment Act Needed

Measures to protect stalking victims include options such as enacting a separate Stalking Victim Protection Act or integrating protective measures into the Punishment Act through amendments. There have also been proposals to amend related laws such as the Act on the Prevention of Domestic Violence and Sexual Violence, the Domestic Violence Punishment Act, and the Sexual Violence Prevention Act to apply similar provisions.

The Legislative Research Office stated, "The Sexual Violence and Domestic Violence Punishment Acts stipulate personal safety measures and victim protection orders in each punishment law, so these legislative examples should be referenced when enacting or amending victim protection laws in the future." They added, "As seen in the Nowon Three Women Incident, stalking can escalate to serious crimes threatening physical safety or life, such as sexual violence, assault, and murder. Considering this, it is urgent to minimize gaps in victim protection and support and promptly establish specific procedures."

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