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"Refused Request to Meet BJ's Daughter, Resulting in Murder... Is There a Solution to Stalking Crimes?"

30s Male, 50s Real Estate Agent Murdered Followed by Suicide
Stalking Crimes Increasing Annually... 438 Cases in 2017 → 581 Cases in 2019
Stalking Punishment Act to Take Effect on the 21st... Criticism of Half-Baked Legislation

"Refused Request to Meet BJ's Daughter, Resulting in Murder... Is There a Solution to Stalking Crimes?" Stalking crimes continue unabated, becoming a social issue. The photo is unrelated to specific expressions in the article. Source=Getty Images Bank.


[Asia Economy Reporter Heo Midam] "Let me see my daughter."


Recently, in a real estate agency office located in Eunpyeong-gu, Seoul, a man killed a woman in her 50s and then took his own life. It has been revealed that the deceased man had been stalking the victim's daughter, who was an internet broadcast host (BJ), causing a public uproar.


As stalking crimes, which can be seen as precursors to violent crimes, continue to occur, calls for stricter punishment are growing louder. Although the Stalking Punishment Act is set to be enforced in mid-this month, there are concerns that the law alone will not be enough to eradicate the crime because it includes a 'non-prosecution upon victim's request' clause, meaning criminal punishment cannot be imposed if the victim does not want the perpetrator punished.


Earlier, at around 11:30 a.m. on the 4th, real estate agent A was found dead in a real estate agency office in Yeokchon-dong, Eunpyeong-gu, Seoul. The man B, who wielded a weapon to kill A, was found to have committed suicide on the rooftop of a nearby villa about 200 meters away after the crime. No suicide note was found at the scene.


According to an SBS report, B was a viewer of C, the daughter of the murdered A and a BJ. B frequently used abusive language toward C and was forcibly removed from her broadcasts. Angered by this, B reportedly sent messages to C threatening to find out her personal information and take revenge.


In particular, B obtained C's phone number and personal details and persistently tried to contact her. When C blocked B's calls, he even found out A's phone number and contacted her. The day before the crime, B contacted A demanding, "Let me meet your daughter." When A refused, it is reported that he committed the murder.


Meanwhile, in May, a man in his 20s who habitually stalked a woman he met through an online game was arrested by the police.


Notably, this man is accused of tearing off the mosquito net on the veranda of the victim's parents' house and attempting to sneak in. He was reportedly lurking around the house for three days, waiting for an opportunity to break in.


"Refused Request to Meet BJ's Daughter, Resulting in Murder... Is There a Solution to Stalking Crimes?" Stalking crimes have been increasing every year. Photo by Asia Economy DB


Stalking crimes are increasing every year. According to the 'Life of Women in Statistics 2021' released last month by the Ministry of Gender Equality and Family, stalking crime incidents were 438 in 2017, 544 in 2018, and 581 in 2019, showing an upward trend.


Also, according to data received last year by Justice Party lawmaker Lee Eunju from the National Police Agency, the number of stalking crime reports in the past three years was 2,772 in 2018, 5,468 in 2019, and 4,515 in 2020.


However, despite stalking crimes being a serious precursor to violent crimes, they were mostly classified as minor offenses until now, resulting in fines of less than 100,000 won.


As demands for stronger punishment for stalking continued, the National Assembly passed the 'Act on the Punishment of Stalking Crimes (Stalking Punishment Act)'. The enforcement of the Stalking Punishment Act comes 22 years after it was first legislated and proposed in the National Assembly in 1999. The law will be fully enforced starting from the 21st of this month.


According to the bill, stalking is defined as approaching or following the person, their family, or cohabitants without justifiable reason against their will, causing anxiety. This includes loitering around the residence, damaging facilities near the residence, sending text messages, or sending objects.


If such acts are continuous or repeated, they are classified as crimes punishable by up to three years in prison or fines up to 30 million won. If the perpetrator carries a weapon, the sentence increases to up to five years in prison or fines up to 50 million won.


"Refused Request to Meet BJ's Daughter, Resulting in Murder... Is There a Solution to Stalking Crimes?" The photo is unrelated to specific expressions in the article. [Image source=Yonhap News]


Additionally, the police can impose measures such as prohibiting the perpetrator from approaching within 100 meters of the victim or the victim's residence, or prohibiting communication access. Failure to comply may result in fines up to 10 million won.


While the law is significant in criminalizing stalking, it is still criticized as insufficient. The Stalking Punishment Act still contains a 'non-prosecution upon victim's request' clause, meaning if the victim withdraws the complaint, punishment cannot be enforced. This can be exploited by perpetrators who may threaten victims to force them to withdraw complaints.


Another issue is that the investigative authorities must prove the continuity or repetition of stalking acts to classify them as crimes. This can depend on the investigative capabilities of the on-site police officers.


Furthermore, the protection system for victims is inadequate, and the police's initial response authority is limited to 'prohibition of approach and phone restrictions.'


Experts acknowledge the significance of the enactment of the Stalking Punishment Act but point out its shortcomings. Professor Lee Sujeong of the Department of Criminal Psychology at Kyonggi University said on CBS Radio's 'Hanpanseungbu' regarding the Stalking Punishment Act, "It is meaningful that stalking now has a criminal charge. However, the most regrettable part is that the non-prosecution upon victim's request clause still remains. Because of this, victims can be threatened." She added, "Foreign countries do not have the non-prosecution upon victim's request clause."


© The Asia Business Daily(www.asiae.co.kr). All rights reserved.


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