Abolition of Non-Prosecution Upon Victim’s Objection in Stalking Crimes... What About Domestic and Dating Violence?

Abolition Proposed for Stalking Punishment Act
Still Remains for Crimes Against Family Members
Calls to Remove It First for Crimes Targeting Women

Jeon Joohwan, the suspect in the "Sindang Station Stalking Murder" case, is being transferred from the Namdaemun Police Station detention center in Jung-gu, Seoul to the prosecution on the 21st. Photo by Moon Honam munonam@

In the wake of the "Sindang Station Stalking Murder" case, there is a growing movement to expand the abolition of non-prosecution upon victim’s objection (ban-uisa-bulbeol) beyond stalking to other crimes. Currently, even in cases of domestic violence, dating violence, and crimes against family members, if the victim does not wish for the perpetrator to be punished, prosecution does not proceed, regardless of the complexity of the relationship in which the violence occurs.

The Ministry of Justice has officially announced its intention to abolish the non-prosecution upon victim’s objection provision from the Stalking Punishment Act. This provision means that if the victim does not want the perpetrator to be punished, the perpetrator is not prosecuted. On September 22, the People Power Party and the government also reached a consensus during an emergency meeting to remove this provision from the Stalking Punishment Act.

The move to abolish this provision from the Stalking Punishment Act was prompted by the murder that took place at Sindang Station on the Seoul subway. On September 13, the suspect Jeon Joohwan (31) waited for over an hour in front of the women's restroom at Sindang Station before following the victim, Ms. A, and attacking her with a weapon. Last October, Jeon was accused by Ms. A of violating the Act on Special Cases Concerning the Punishment of Sexual Crimes, and he continued to stalk her until February this year, pressuring her to settle. The Ministry of Justice and others expect that abolishing the non-prosecution upon victim’s objection provision in the Stalking Punishment Act will fundamentally prevent perpetrators from attempting to contact victims for the purpose of reaching a settlement.

Currently, non-prosecution upon victim’s objection provisions remain in various parts of Korean criminal law. Examples include not only stalking, but also simple assault and intimidation, assault and intimidation against family members, defamation, cyber defamation, and patent infringement. This is a unique legal provision found only in Korea. It was introduced into Korean law in 1953 under the influence of Japanese criminal law, but Japan itself abolished it in 1961. In the United States, as the provision led to increased threats and coercion, it was removed and a mandatory prosecution policy was adopted. Now, in the U.S., if an assault occurs, prosecution proceeds regardless of the victim's wishes.

Non-prosecution upon victim’s objection is particularly common in cases of assault and intimidation against women. In complicated relationships such as those between lovers or family members, if the victim does not wish for punishment, the investigation is halted. The same applies to crimes between family members: even if parents are assaulted by their children, if they declare they do not want to proceed to trial, the case is effectively dropped. A police official explained, "In cases of domestic violence, when a report is filed, more than half of the victims say they do not want the perpetrator punished," adding, "Unless they are getting a divorce, they still have to live together, and it is a difficult decision to turn a family member into a criminal."

Since domestic violence and dating violence are also crimes against women, some argue that the non-prosecution upon victim’s objection provision should first be abolished for assault and intimidation. Heo Min-sook, an investigator at the National Assembly Research Service, stated, "Due to gaslighting (psychological manipulation) or persuasion, many victims cannot even consider seeking punishment for the perpetrator," and added, "Abolishing the non-prosecution upon victim’s objection provision not only for stalking but also for assault is a practical measure to protect women."

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