[That Guy's Shadow] Only 13 Cases of 'Interim Measure No. 4' Temporarily Detaining Perpetrators

<Top>Average 105 Stalking Reports per Day

Detention in Jail or Detention Center for 1 Month
Significant Crime Prevention Effect
But Procedures Are Complex, Taking About a Week to Implement

The suspect Kim Byung-chan, who was receiving personal protection due to stalking, is being transferred from Seoul Namdaemun Police Station to the prosecution. Kim is accused of killing his ex-girlfriend A at an officetel in Jung-gu, Seoul, with a weapon around 11:30 a.m. on the 19th of last month. Photo by Kim Hyun-min kimhyun81@

[Asia Economy Reporter Lee Gwan-ju] It has been confirmed that the most powerful measure to separate stalking crime perpetrators and victims, ‘Provisional Measure No. 4,’ has been applied in only about 10 cases since the Stalking Punishment Act was enforced. Provisional Measure No. 4 involves detaining the stalking perpetrator in a detention center or jail, effectively physically separating the perpetrator from the victim.

According to the National Police Agency on the 16th, since the Stalking Punishment Act was enforced on October 21 of this year, Provisional Measure No. 4 has been applied only 13 times as of the 3rd of this month. The provisional measures for victim protection under the Stalking Punishment Act are classified into four types: ▲written warning ▲prohibition of approach within 100 meters ▲prohibition of approach via telecommunications ▲detention in a detention center or jail. Provisional Measure No. 4 is the strongest among these, referring to detention in a detention center or jail. The detention period is up to one month, but if the court deems it necessary, it can be extended twice within a two-month period. Recently, in Changwon City, Gyeongnam Province, a man in his 30s who persistently contacted a female victim asking to meet her was subjected to Provisional Measure No. 4 and detained in a detention center.

Provisional Measure No. 4 has the greatest effect in preventing additional crimes by effectively separating the perpetrator and the victim. During the detention period, the police can use the time to investigate and prove the perpetrator’s charges and transfer the case, while the victim can escape the threat and prepare to restore their daily life. The officetel murder case that occurred on the 19th of last month in Jung-gu, Seoul, further highlighted the necessity of Provisional Measure No. 4. Regarding the suspect Kim Byung-chan (35), the police implemented Provisional Measures No. 1 to 3, such as written warnings and approach prohibitions, but did not apply No. 4.

As stalking crimes continued, the police announced that they would actively enforce Provisional Measure No. 4. Nam Gu-jun, head of the National Investigation Headquarters of the National Police Agency, said, "We have prepared guidelines to prioritize Measure No. 4 if the likelihood of recurrence is high based on the report details and criminal history." The Seoul Metropolitan Police Agency, where the officetel murder case in Jung-gu occurred, introduced an ‘early warning system’ to classify stalking crimes into caution, crisis, and serious stages, and decided to mandatorily apply Measure No. 4 and request an arrest warrant if judged to be at the serious stage.

However, problems still remain. Because it is the strongest measure, it takes about a week to actually lead to detention. It requires a certain level of proof of the repetitive and dangerous nature of the stalking crime, and the police must apply to the prosecution, which reviews and requests the court, and the court must approve the ‘warrant’ through such procedures. Kim Chang-ryong, commissioner of the National Police Agency, lamented, "Under the current legal system, the police have very limited means to effectively take action at the early stage of an incident." Last month, the police implemented a total of 435 provisional measures (No. 1 to 4), among which 31 cases violated the provisional measures despite their application.

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