'Those Guys' in Front of the House Now Face Imprisonment, Not Just Misdemeanors... Stalking Punishment Act Enforced from Today

Enforcement of Stalking Punishment Act from the 21st
Up to 5 Years Imprisonment Possible for Stalking Crimes
Includes Cyber Stalking as Well as Offline Stalking
Limitations Noted in Non-Prosecution by Victim Clause... Victim Scope Needs Expansion

[Asia Economy Reporter Song Seung-yoon] #1. On the 29th of last month, a woman in her 20s, Ms. A, who unlawfully entered the office of a private academy instructor in Gangnam-gu, Seoul, was caught by the police. The instructor reported to the police six times over several months, claiming to have been a victim of stalking by Ms. A. Ms. A received two fines for violations.

#2. In May, in Paju-si, Gyeonggi Province, a man attempting to secretly break into the home of the parents of a woman he was stalking was apprehended. He had been stalking the victim, whom he met through an online game, and discovered her residence before committing the crime.

Starting from the 21st, the ‘Act on the Punishment of Stalking Crimes, etc. (Stalking Punishment Act)’ has been enforced, and such acts will now be punishable under this law. Those who commit stalking crimes continuously or repeatedly may face imprisonment of up to three years or a fine of up to 30 million KRW. If they possess weapons such as knives, the punishment can be increased to imprisonment of up to five years or a fine of up to 50 million KRW. Previously, if no other crimes were involved, such acts could only be charged under the Minor Offenses Act, resulting at most in a fine of 100,000 KRW or detention/fines.

The scope of stalking crimes includes acts such as approaching or following the victim against their will, blocking their path, waiting or watching near their residence, and sending items, writings, or videos via mail, phone, internet, fax, or information communication networks. Damaging objects at or near the victim’s residence also falls under stalking.

Stalking does not end with persistently following the victim but often accompanies other crimes. It especially has a high potential to escalate into violent crimes. In this process, the victim’s relatives and acquaintances may also become targets. For example, Kim Tae-hyun (33), who brutally murdered a mother and her two daughters in an apartment in Nowon-gu, Seoul, had been continuously stalking the victims before ultimately committing the family murder. Similarly, Baek Kwang-seok (48), who killed his cohabiting partner’s middle school son in Jeju Island in July this year, followed the same pattern.

Because stalking is defined as a crime requiring the victim’s complaint for prosecution, criticism has arisen that the law is ‘half-baked.’ This is because perpetrators may threaten the victim or their family to avoid punishment, causing secondary harm. There are calls to expand the scope of stalking crime victims beyond those directly harmed to include those indirectly affected. Attorney Lee Eun from Lee Eun Law Office stated, "Defining stalking as a crime requiring the victim’s complaint undermines the purpose of this law. Considering that stalking crimes can escalate into serious offenses and the severity of the harm, leaving prosecution authority solely to the victim disregards the law’s intent."

Professor Lee Geon-su of Baekseok University’s Department of Police Science, who advised on the National Police Agency’s stalking response manual, said, "If stalking is treated as a crime requiring the victim’s complaint, there is a high likelihood of increased coercion or threats leading to secondary harm. For proper legal application, the principle should be to impose preemptive punishment before it escalates into violent crime, and the manual should be regularly revised to reduce the gap between the law and field practice."

Before the enforcement of the Stalking Punishment Act, the police produced and distributed a ‘Stalking Response Manual.’ According to this manual, the police respond to stalking crimes in four major stages: △report reception △initial response △investigation △overall monitoring. When a stalking report is received, except for major crimes, a separate ‘stalking code’ is assigned, and officers dispatched to the scene are informed of past reports. If stalking behavior is confirmed on-site, the perpetrator and victim are separated, and if necessary, emergency protective measures such as a 100-meter approach ban to the victim or residence and prohibition of contact via telecommunications can be imposed. Violating these measures can result in a fine of up to 10 million KRW. Additionally, with provisional measures, the perpetrator can be detained in a police cell or detention center, and violating the approach ban at this stage can lead to imprisonment of up to two years.