Stalking Crimes Can Now Be Punished Without Victim's Consent

Amendment to Stalking Crime Punishment Act Passed in National Assembly on 21st
Establishing Legal Grounds for Punishing 'Online Stalking'

From now on, perpetrators can be punished even if stalking victims do not wish to press charges.

On the 21st, the National Assembly held a vote on the "Partial Amendment to the Act on the Punishment of Stalking Crimes," passing it with 246 votes in favor out of 246 members present.

On the 21st, the partial amendment bill on the Punishment of Stalking Crimes was passed at the plenary session held at the National Assembly. Photo by Hyunmin Kim kimhyun81@

The amendment was prepared to reinforce the law after shortcomings were revealed in the "Sindang Station Murder Case" last year, where a coworker was brutally killed.

The amendment abolished the "quasi-offense requiring victim's consent" for stalking crimes. This reflects concerns that secondary harm could occur, such as perpetrators visiting victims to demand settlements and committing retaliatory crimes during the negotiation process. In the Sindang Station murder case, the perpetrator reportedly contacted the victim before the incident, demanding a settlement and asking for evidence.

Abolishing the quasi-offense requiring victim's consent for stalking crimes was a campaign pledge of President Yoon Seok-yeol. The Ministry of Justice submitted the amendment to the National Assembly in February.

The amendment also defines acts of stalking through sending text messages, photos, etc., via social networking services (SNS) or online, and providing the victim's personal information and location information to third parties using information and communication networks as stalking crimes. This establishes grounds for punishing "online stalking."

The scope of emergency protective measures has been expanded to include cohabitants and family members of stalking victims, strengthening victim protection.

Additionally, if the court deems it necessary to protect the victim, it can order the attachment of electronic devices to track the perpetrator's location even before the verdict. The provisional measure period has been extended from a maximum of 6 months to 9 months.

The "Partial Amendment to the Act on the Attachment of Electronic Devices," passed together, stipulates detailed procedures for enforcing electronic device attachment as a provisional measure under the Partial Amendment to the Act on the Punishment of Stalking Crimes.

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