"There Is No Tree That Won't Fall After Ten Cuts" Actually a "Terrible Stalking" [Han Seung-gon's Case Notebook]

Strengthening Punishment for Stalking Crimes... Passed by the National Assembly After 22 Years
Non-Prosecution by Victim's Consent Provisions Remain... Criticism of 'Half-Baked' Inadequate Bill
Experts Say "Current Legislation Difficult to Guarantee Effective Victim Protection"

On the morning of the 9th, Kim Tae-hyun, who is accused of murdering the 'three mothers and daughters' at an apartment in Nowon-gu, Seoul, is taking off his mask as he leaves Dobong Police Station in Seoul to be transferred to the prosecution. [Image source=Yonhap News]

[Asia Economy Reporter Han Seung-gon] Awareness of stalking crimes is increasing due to the 'Kim Taehyun Murder Case.' Although the National Assembly has amended related laws and taken measures, criticisms are emerging that the response is belated and that even these are 'half-baked' inadequate laws.

Moreover, public opinion is rising that the Korean proverb "There is no tree that won't fall after being chopped ten times" should now disappear. It is pointed out that our society has been lenient by interpreting this saying, which essentially relates to 'horrific stalking crimes,' from the perpetrator's perspective, treating stalking as a kind of romance.

The government has ordered a strong response and follow-up measures regarding this case. President Moon Jae-in instructed on the 13th, regarding the recently promulgated Stalking Crime Punishment Act (Act on the Punishment of Stalking Crimes, etc.), to "further review whether sufficient stalking countermeasures are included."

At the Cabinet meeting presided over by President Moon at the Blue House that day, he said, "Thinking of the murder of the three mothers, I feel the urgency. Stalking crimes must be thoroughly prevented and eradicated," according to a written briefing by Blue House spokesperson Kang Min-seok.

The 'Stalking Punishment Act' passed the National Assembly last month, 22 years after its proposal, amid growing public calls for tougher punishment following the so-called 'Nowon three mothers murder case.'

The main points are to strengthen the response to stalking crimes, which had been treated as minor offenses, and to impose imprisonment of up to three years or fines of up to 30 million won on perpetrators. Additionally, the police can impose measures such as prohibiting the perpetrator from approaching within 100 meters of the victim or the victim's residence and banning communication-based approaches; failure to comply results in fines of up to 10 million won.

On the 9th, Kim Tae-hyun, who is accused of murdering the 'three mothers' in an apartment in Nowon-gu, Seoul, is seen kneeling as he leaves Dobong Police Station in Seoul to be transferred to the prosecution. [Image source=Yonhap News]

◆ 4,515 Stalking Reports Last Year... Only 10% Punished... Revised Law Criticized as 'Half-Baked' Inadequate Legislation

Meanwhile, only 10% of stalking crime reports received by the police last year resulted in punishment. According to data received on the 24th by Park Wan-soo, a member of the National Assembly's Public Administration and Security Committee from the People Power Party, from the National Police Agency, 4,515 stalking crime reports were filed with the police in 2020. Only 488 cases were punished.

Most of the 4,027 cases, accounting for 89.2% of the total, were closed at the scene. Representative Park emphasized, "The recent Nowon district three mothers murder case also stemmed from stalking. Stalking itself causes mental and material harm to victims and has a high potential to escalate into other violent crimes, so the police must respond more strongly."

Given this situation, criticism continues that our society is complacent about stalking crimes. Kim, a man in his 30s working in an office, said, "There is a Korean proverb, 'There is no tree that won't fall after being chopped ten times,' but now I think that saying might be wrong. It seems right to consider anything the victim does not want as a potential crime."

Choi, a woman in her 20s working at a company, added, "The Kim Taehyun murder case made our society realize how horrific stalking crimes are. I hope punishments will be made stronger in the future."

There is also criticism that the passed law is 'half-baked.' This is because it retains the 'quasi-consent crime' clause, where if the victim does not wish to press charges, the perpetrator cannot be prosecuted.

For victims, stalking crimes inherently involve the perpetrator knowing all personal information, so they may hesitate to report or accuse properly due to fear of retaliation.

If this situation continues, crimes will inevitably become more brutal, and ultimately, the so-called 'golden time' to prevent the crime in advance may be missed.

Additionally, the law defines 'stalking behavior' with only five conditions as "acts that cause anxiety or fear without justifiable reason against the will of the other party or their cohabitant or family," which critics say cannot cover new types of stalking methods or other criminal tactics.

Regarding this, 'Korean Women's Hotline' issued a statement pointing out, "The retention of the quasi-consent clause that silences victims, the absence of victim protection orders that victims can directly apply for in court, and insufficient support systems for victims' daily recovery make it difficult for the current law to guarantee effective victim protection and human rights."

They further criticized, "Although the law superficially includes cohabitants and family members in the victim category, it only defines them as targets of stalking 'behavior' and provides no substantial protective measures anywhere."