[Reporter’s Notebook] Why On-Site Police Officers Are Calling for Legal Reforms

Commissioner Kim Chang-ryong of the National Police Agency visited Guri Police Station in Gyeonggi on the 7th to observe physical force response training and hold a meeting with on-site police officers.
[Photo by National Police Agency]

[Asia Economy Reporter Lee Gwan-joo] Police officers dispatched to sensitive crime scenes such as stalking and domestic violence have legally defined actions they can take. First, if the crime is in progress at the scene, they must intervene and separate the perpetrator and the victim. If the situation is urgent and victim protection is deemed necessary, the police officer can take emergency measures: emergency response for stalking and emergency temporary measures for domestic violence. Although the terms differ slightly, both involve prohibiting the perpetrator from approaching within 100 meters of the victim and banning contact via telecommunications such as phone calls or text messages. This is the most immediate form of victim protection that on-site police officers can take without a judge's decision.

The problem arises when these emergency measures are violated. Both the Stalking Punishment Act and the Domestic Violence Punishment Act stipulate that only a ‘fine’ is imposed for violations of emergency measures. The Stalking Punishment Act imposes a fine of up to 10 million won, while the Domestic Violence Punishment Act imposes a fine of up to 3 million won. Unlike criminal penalties, fines have an administrative penalty nature. Violations do not result in a criminal record, and even if an emergency measure is violated right before the police officer’s eyes, the offender cannot be arrested on the spot as a flagrante delicto. Stalking and domestic violence always carry the potential to escalate into serious crimes such as murder. Considering this, the penalties for violating police measures are weak, and immediate intervention is difficult. The consequences of inadequate physical separation between perpetrator and victim were clearly demonstrated in the recent ‘Seoul Jung-gu Stalking Murder Case.’

Amid ongoing criticism of the police’s inadequate response, on-site police officers are voicing the need to improve the system and laws. The post by Jung Hak-seop, representative of the Busan Northern Police Station Workplace Council (Inspector), on the police internal network on the 8th is worth reflecting on. "There is a high possibility that the perpetrator, harboring resentment over the police report, will harm the victim after the police officer leaves. The law should be amended to allow immediate arrest on the spot and criminal penalties." While the inadequate response of on-site police officers deserves criticism, shouldn’t they at least be given some authority to act in order to protect the public before such criticism is made?

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