@article{ART003314942},
author={Hong, Seung-Hee},
title={A Study on the Amended Stalking Punischment Act},
journal={Legal Theory & Practice Review},
issn={2288-1840},
year={2026},
volume={14},
number={1},
pages={245-276}
TY - JOUR
AU - Hong, Seung-Hee
TI - A Study on the Amended Stalking Punischment Act
JO - Legal Theory & Practice Review
PY - 2026
VL - 14
IS - 1
PB - The Korea Society for Legal Theory and Practice Inc.
SP - 245
EP - 276
SN - 2288-1840
AB - This study aims to analyze the achievements and limitations of the "Act on Punishment, etc. of Stalking Crimes" (hereinafter the Stalking Punishment Act), which was significantly amended in 2023 following its enactment in 2021, and to explore legislative and judicial improvement measures for effective victim protection. Recently, stalking crimes have evolved into new methods such as online impersonation and distribution of personal information due to the development of information and communication technology. However, the current law's restrictive enumeration method has limits in covering these legislative gaps. Furthermore, despite institutional reinforcements such as the introduction of electronic monitoring devices and the extension of the duration of provisional measures, the low citation rate compared to applications and the rapid increase in violations of provisional measures reveal the limitations of the preventive justice system.
Accordingly, this paper reviews the case of introducing 'comprehensive constituent elements' in Section 238 of the German Criminal Code and suggests the necessity of establishing a general clause that can flexibly respond to modified types of stalking. Judicially, it emphasizes that the Supreme Court's new sentencing guidelines, effective from July 2024, should realize the deterrence of punishment by reflecting the perspective of 'coercive control'. In conclusion, along with a paradigm shift that recognizes stalking as a continuous process of dominance rather than a one-time act, the study proposes the establishment of a recidivism prevention system through early police administrative intervention and concurrent psychological treatment programs for perpetrators.
KW - Stalking Punishment Act;Online Stalking;Provisional Measures;Coercive Control
DO -
UR -
ER -
Hong, Seung-Hee. (2026). A Study on the Amended Stalking Punischment Act. Legal Theory & Practice Review, 14(1), 245-276.
Hong, Seung-Hee. 2026, "A Study on the Amended Stalking Punischment Act", Legal Theory & Practice Review, vol.14, no.1 pp.245-276.
Hong, Seung-Hee "A Study on the Amended Stalking Punischment Act" Legal Theory & Practice Review 14.1 pp.245-276 (2026) : 245.
Hong, Seung-Hee. A Study on the Amended Stalking Punischment Act. 2026; 14(1), 245-276.
Hong, Seung-Hee. "A Study on the Amended Stalking Punischment Act" Legal Theory & Practice Review 14, no.1 (2026) : 245-276.
Hong, Seung-Hee. A Study on the Amended Stalking Punischment Act. Legal Theory & Practice Review, 14(1), 245-276.
Hong, Seung-Hee. A Study on the Amended Stalking Punischment Act. Legal Theory & Practice Review. 2026; 14(1) 245-276.
Hong, Seung-Hee. A Study on the Amended Stalking Punischment Act. 2026; 14(1), 245-276.
Hong, Seung-Hee. "A Study on the Amended Stalking Punischment Act" Legal Theory & Practice Review 14, no.1 (2026) : 245-276.
