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Risk Factors of Online-stalking and The Need to Revise The Current Law

  • Legal Theory & Practice Review
  • Abbr : LTPR
  • 2022, 10(4), pp.437-458
  • Publisher : The Korea Society for Legal Theory and Practice Inc.
  • Research Area : Social Science > Law
  • Received : November 4, 2022
  • Accepted : November 22, 2022
  • Published : November 30, 2022

Park Hyun Jeong 1

1조선대학교

Accredited

ABSTRACT

With the development of information and communication technology, members of society living in modern society are not separated from each other in online and offline spaces, but coexist together in their daily lives. Social networks such as offline conversations and meetings, shopping and financial affairs, and business processing are equally widely secured and applied in the online space. Online activities are very familiar to modern people in that they are characterized by simplicity, convenience, and speed. While social activities in the online space have practical experiences in a positive way, they contain various risk factors. For example, there is a risk of personal information being exposed, and using this, various deviant behaviors is occurred, and such a deviant behavior is emerging as a social problem that can evolve into a crime. At this point in time when various crimes are occurring in the online space, in relation to stalking, this paper presents risk factors and types of behavior that require revision of the current law, focusing on the damage that occurs in the online space. In stalking that occurs in reality, the form of behavior can be objectively evaluated, but stalking that occurs in the online space has a different range of evaluation targets. Behavior that could be treated as a simple inconvenience can cause fear, anxiety, and trauma to the victim, and place them in unreasonable situations due to restrictions on various online activities. This study examines the risk factors from the perspective of victims and criminals of online stalking, establishes the elements of online stalking, and suggests the need and direction to revise the current law based on the 「Act on Promotion of Information and Communications Network Utilization and Information Protection」.

Citation status

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