After Months of Stalking, If It Happens Again, Is the Law Inapplicable? ... Controversy Over Police's Passive Response to Stalking

Stalking reenactment image.

[Asia Economy Yeongnam Reporting Headquarters Reporter Hwang Du-yeol] Controversy has arisen as the police are responding passively, claiming that if stalking occurs again after several months have passed since the initial stalking, it does not fall under the 'Stalking Punishment Act.'

On the 14th, the Busan Gijang Police Station announced that they are investigating male B following a stalking complaint filed by female A last December.

According to the police, B received beauty treatments seven times at a waxing shop operated by A over five months starting in April 2020.

During that time, B repeatedly asked A about her private life and gave her gifts, causing A to feel burdened and refuse further treatments, clearly expressing her rejection.

Despite her refusal, B posted A's photos without permission on social media, writing messages containing dating requests, insults, and sexual expressions.

The intensity of the stalking escalated, with B even pretending to be A's boyfriend to A's acquaintances and posting photos near A's home or shop, causing her to feel anxious.

Feeling threatened, A filed a complaint with the police in March last year, requesting punishment for B.

The police advised her to file the complaint after the Stalking Punishment Act came into effect, and A accepted this suggestion and withdrew her complaint.

After A withdrew her complaint, B remained quiet for a while but sent unilateral messages to A again last December, nine months later.

This time, A reported to the police hoping the Stalking Punishment Act would apply, but the investigation stalled.

Feeling frustrated by the slow investigation, A contacted the police and only then was informed that it would be difficult to apply the Stalking Punishment Act.

The reason given was that B's stalking did not occur continuously over several months and thus could not be considered continuous stalking, making it difficult to apply the Stalking Punishment Act.

A said, “The police kept changing their statements, first telling me to file a civil suit, then saying prosecution was possible, and now that the Stalking Punishment Act is hard to apply, who can I trust? Looking at extreme stalking cases, I feel very anxious.”

Legal circles criticized the police for interpreting the law too conservatively, neglecting the legislative intent of the Stalking Punishment Act to protect victims.

A Gijang Police Station official said, “There are few precedents regarding the Stalking Punishment Act, so a detailed legal review is necessary to determine its applicability, but since B has hired a lawyer, the investigation is currently underway.”

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