Abolition of the Non-Prosecution Clause for Stalking Crimes... Electronic Monitoring Bracelet Attachment Becomes Possible

Ministry of Justice Announces Legislative Notice for Amendments to Stalking Punishment Act and Electronic Device Attachment Act
Measures to Protect Victims and Strengthen Punishments
New Provisions Introduced for 'Online Stalking' Punishment

Minister of Justice Han Dong-hoon is disclosing and announcing the detailed contents ahead of the legislative notice for the amendment bills of the "Act on the Punishment of Stalking Crimes, etc." and the "Act on the Attachment of Electronic Devices, etc." at the Ministry of Justice in the Government Complex Gwacheon on the 19th.

[Asia Economy Reporter Choi Seok-jin, Legal Affairs Specialist] The 'non-prosecution upon victim's request' clause, identified as a cause for stalking offenders committing secondary harm under the pretext of settlement, will be abolished.

Additionally, stalking offenders will be subject to the attachment of electronic monitoring devices (electronic anklets) based on court decisions, similar to sex offenders. Measures to strengthen the protection of stalking victims, such as personal safety measures, will be established, and penalties for violations of provisional measures by stalking offenders will be increased.

The Ministry of Justice announced on the 19th that it will publicly notify the amendment bills to the Stalking Punishment Act and Electronic Device Attachment Act containing these provisions.

The Ministry of Justice prepared these amendments reflecting the one-year implementation results of the Stalking Punishment Act, which came into effect last October, and the social consensus, following the continuous occurrence of violent crimes against stalking victims or their families, such as the 'Sindang Station stalking victim station worker murder' incident that occurred last September.

First, the non-prosecution upon victim's request clause for stalking crimes will be abolished.

Article 18 (Stalking Crimes) Paragraph 3 of the current Stalking Punishment Act states, "Prosecution cannot be initiated against the crime in Paragraph 1 (stalking crime) against the explicit will of the victim."

Due to this non-prosecution clause, if a settlement was reached between the offender and the victim even during the investigation, criminal punishment was impossible, and in the process of forcing the victim to settle, offenders often committed additional stalking crimes or retaliatory crimes.

The Sindang Station station worker murder case was also a retaliatory crime committed out of resentment because the victim did not agree to a settlement.

With the abolition of the non-prosecution clause, stalking crimes can be investigated and prosecuted by authorities even if the victim does not wish for punishment.

As one of the provisional measures to prevent offenders from approaching victims, the attachment of electronic anklets will be added. Article 9 (Provisional Measures Against Stalking Offenders) Paragraph 1 Subparagraph 2 of the Stalking Punishment Act allows the court to prohibit stalking offenders from approaching within 100 meters of the victim or their residence, but in reality, it was difficult to monitor whether offenders actually approached.

While victims are provided with smartwatches with their consent, there was no system to track the offender's location. Although courts can order electronic anklet attachment upon conviction, it was criticized as insufficient to prevent further crimes.

Once electronic anklet attachment becomes possible for stalking offenders, real-time monitoring of the offender's proximity will enhance the effectiveness of restraining orders.

Meanwhile, the Ministry of Justice has also prepared measures to strengthen the protection of stalking victims.

A new personal safety measure clause will be established to allow stalking victims to receive protective measures under the 'Crime Victim Protection Act' when attending investigations by authorities or court hearings as witnesses.

Additionally, regulations punishing investigative agencies, court officials, or the media for leaking or disclosing victims' personal information will be introduced, along with a public defender system for stalking victims.

Even if investigative agencies do not request or apply for provisional measures, victims will be able to directly petition the court for provisional measures such as restraining orders through a 'Victim Protection Order' system, which will also apply to stalking victims. This system is currently stipulated for victims under the 'Child Abuse Punishment Act' and the 'Domestic Violence Punishment Act.'

Penalties for offenders violating court provisional measures or emergency measures by investigative agencies will also be strengthened.

Currently, violating provisional measures is punishable by "imprisonment of up to 2 years or a fine of up to 20 million won," but going forward, the statutory penalty will increase to "imprisonment of up to 3 years or a fine of up to 30 million won."

With the increased statutory penalty, emergency arrests allowed when there is reasonable suspicion of committing crimes punishable by death, life imprisonment, or imprisonment of three years or more will also become possible.

For violations of emergency measures, currently only fines of up to 10 million won are possible, but under the amendment, criminal punishment of imprisonment up to one year or fines up to 10 million won will be imposed.

The Ministry of Justice stated, "During the public notice period, we will fully collect opinions from all sectors on the bill, finalize the amendment, and strive to ensure the amendment passes the National Assembly swiftly."

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