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A study on the types of damage caused by Online Stalking and the necessary legislative reforms

  • Legal Theory & Practice Review
  • Abbr : LTPR
  • 2025, 13(3), pp.271~295
  • Publisher : The Korea Society for Legal Theory and Practice Inc.
  • Research Area : Social Science > Law
  • Received : August 10, 2025
  • Accepted : August 22, 2025
  • Published : August 31, 2025

Park Hyun Jeong 1

1조선대학교

Accredited

ABSTRACT

In modern society, where it is difficult to clearly distinguish between online and offline, direct and indirect social activities are actively taking place in online spaces as well as offline spaces. By utilizing the Internet, the global village can be seen as forming a single living space, free from the constraints of time and space. Online activities are positively evaluated because they allow for the exchange of information, the sharing and communication of diverse perspectives and opinions, and the establishment of a broad social network across all areas of society, including shopping, finance, and business. On the other hand, there are negative evaluations because it carries the risk of unauthorized use due to security issues and exposure of basic personal information. This study examines the types of damage caused by stalking in online spaces, focusing on threatening elements, and discusses the need for revision. In particular, there has been a recent surge in crimes or similar acts targeting others using deepfakes. Therefore, this paper examines the types of damage caused by current laws, focusing on threats to personal information itself, infringements using personal information, and criminal acts using third parties, and proposes measures to improve insufficient areas. Recently, stalking crimes using deepfakes using generative AI have become more sophisticated and advanced, emerging as a serious social problem. Crimes involving AI are more brutal and threatening than those occurring offline, as the damage can occur randomly and indiscriminately. However, current laws are not readily available to address these threats, making government-level countermeasures urgently needed. Recognizing the seriousness of the rapidly increasing number of AI-based crimes in each country, the government is pushing for stronger regulations. However, due to technological limitations and current legal limitations, practical legal sanctions are not being implemented. Therefore, the need for legislative improvements to respond to crimes utilizing advanced and complex AI is drawing attention.

Citation status

* References for papers published after 2024 are currently being built.

This paper was written with support from the National Research Foundation of Korea.