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A Study on the Current State of Stalking and the Protection of Victims

  • Legal Theory & Practice Review
  • Abbr : LTPR
  • 2021, 9(2), pp.141-170
  • Publisher : The Korea Society for Legal Theory and Practice Inc.
  • Research Area : Social Science > Law
  • Received : April 30, 2021
  • Accepted : May 17, 2021
  • Published : May 31, 2021

Song, Min-Jin 1,  Park Hyun Jeong 2

1동국대학교 경찰사법대학원
2조선대학교

Candidate

ABSTRACT

In general, stalking is perceived as an act of continuing repetition against the will of the other person, for example, approaching, following, waiting in hiding, asking for date, etc. However, when looking at the recent stalking case, it shows a gradual appearance of violent crime beyond the type specified in the conventional misdemeanor punishment law. There are many types of stalking crimes and victims. In relation to the victim and the perpetrator, it can be classified into close relationship, relationship-seeking, and non-relational type, and according to the type of behavior it is divided into emotional stalking, physical stalking, and sexual stalking. Looking at the damage-focused types, paying attention is needed to the damage caused by psychological deprivation, the damage caused by the social activity restriction, the damage caused by the cyber activity restriction, and the damage caused by the economic burden. This can be said to be the basis for showing a gradual phenomenon to the extent that it is impossible to lead daily life beyond simply feelings of discomfort and anxiety. Stalking poses a risk factor as a hidden crime in that it is difficult to prepare countermeasures because criminal sanctions are not properly implemented. In addition, in the type of misdemeanor crime, the risk factors that may lead to retaliatory crimes due to incremental risk factors to violent crimes, light punishment or warning, etc. should not be overlooked. Since these types of damage and risk factors can cause serious damage, the urgency to protect victims is required. Accordingly, it is necessary to establish a system for the clarity of the requirements for sanctions and the active response of the investigative agency, focusing on foreign legislation on the protection of stalking victims and the newly established 「Legislative Bill of Punishment of stalking」. In addition, as an institutional device for the protection of victims, research should be conducted to establish a support system for victims of stalking crimes and to establish a stalking countermeasure center in force in foreign countries. Since stalking has an incremental characteristic, a step-by-step institutional device that can be prevented from just minor incidents and a step-by-step protection device to protect victims must be provided. Through this, stalking crime is expected to gradually decrease.

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