‘Stalking Punishment Act’ has been in effect for 3 years… What is the right way to deal with it?

The Act on Punishment of Stalking Crimes, the so-called ‘Stalking Punishment Act’, has been in effect for three years this year. The main point of this bill is to prohibit acts that repeatedly cause fear in the other person or his or her family without justifiable reason. The act of waiting at a residence or workplace, as well as the act of leaving or delivering an object, are all included in 'stalking'. Even if you make the other person feel anxious by contacting them using SNS, etc., you can be punished. If you are found guilty of stalking, you can be sentenced to up to 3 years in prison or a fine of up to 30 million won.

The scope of application of stalking punishment laws is gradually expanding. Last year, an amendment was passed through the National Assembly that considers the act of providing, distributing, or posting personal information to a third party through an information and communications network as stalking. The recent arrest of a medical resident under the stalking punishment law for making a list of doctors who did not participate in the collective strike and posting it on the Internet can also be said to be the impact of this amendment.

The core of the stalking punishment law is ‘persistence’ and ‘repetition’. The frequency and duration of the perpetrator's stalking behavior and whether it caused fear and anxiety in the victim are important factors in determining guilt or innocence. Even if the act of stalking occurred only once, it is difficult for the charge to be acknowledged, and even if the victim was approached several times against her will, there are many cases in which the victim is found not guilty because the intent of the stalking was not clearly proven.

The problem is that there is still no clear standard for punishment for stalking. The concept of ‘continuity/repetition’ itself is somewhat subjective, and the interpretation of ‘fear/anxiety’ also has limitations as it inevitably varies depending on one’s perspective. Because of this situation, there are many cases where stalking is reported but the damage is not acknowledged. According to data from the Ministry of Justice, the number of suspects who were investigated by the prosecution after the enforcement of the stalking punishment law exceeded 10,000 last year alone, but it was revealed that most of them were summarily indicted or not indicted. The proportion of arrested suspects was also less than 3%.

Therefore, if you have been the victim of a stalking crime, you should seek professional help as soon as possible. First, it is necessary to collect as much data as possible to prove repeated and continuous stalking, such as call records and SNS. Additionally, since you must prove that the other person's stalking behavior was carried out against your will, it is most important to respond to the situation with the assistance of a lawyer.

Conversely, as mentioned earlier, as the scope of punishment itself expands, situations in which a person is unintentionally identified as a suspect in a stalking crime may also arise. In particular, in the case of the stalking punishment law, as the crime of impunity against a doctor has been abolished, once a report is filed, it must be investigated regardless of the victim's will. Therefore, even in this case, it is necessary to work with experts to respond early and devise a strategy to get rid of unfair charges.

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