Handonghun Orders Supreme Prosecutors' Office to 'Strictly Respond to Stalking Crimes'... Pushes for Legal Revision to Abolish 'Non-Prosecution by Victim's Consent' Clause

Minister of Justice Han Dong-hoon. / Photo by Hyunmin Kim kimhyun81@

[Asia Economy Reporter Choi Seok-jin, Legal Affairs Specialist] On the 16th, Han Dong-hoon, Minister of Justice, instructed the Supreme Prosecutors' Office to take a strict stance against stalking crimes.

Minister Han also ordered the prompt promotion of legal amendments, including the abolition of the provision of stalking punishment law regarding crimes that cannot be prosecuted without the victim's explicit consent. Such crimes are those where prosecution is not possible if the victim explicitly does not wish for punishment.

The Ministry of Justice announced that Minister Han instructed the Supreme Prosecutors' Office to respond strictly to stalking crimes on that day.

According to the Ministry of Justice, Minister Han directed to ▲thoroughly investigate potential threats to victims from the early stages of stalking incidents ▲take swift provisional measures such as restraining orders and detention of perpetrators ▲and ensure full protection of stalking victims through strict responses including active requests for arrest warrants against perpetrators.

Additionally, Minister Han ordered the swift promotion of legal amendments to abolish the provision of stalking punishment law regarding crimes that cannot be prosecuted without the victim's explicit consent, and to actively consider measures to strengthen victim protection such as tracking the perpetrator's location.

Following Minister Han's instructions, the Ministry of Justice decided to change its previous opposition to the 'abolition of the provision regarding crimes that cannot be prosecuted without the victim's explicit consent' bill and to actively promote legal amendments through government legislation.

The Ministry of Justice stated that since the current stalking punishment law is defined as a crime that cannot be prosecuted without the victim's explicit consent, it causes ▲obstacles for investigative agencies to intervene early and protect victims ▲and leads perpetrators to commit secondary stalking crimes or retaliatory crimes causing harm to victims under the pretext of settlement. Considering these points, the Ministry plans to promptly push for the abolition of this provision.

Furthermore, by newly introducing location tracking of perpetrators as a provisional measure in the early stages of incidents, the Ministry plans to actively review measures to strengthen victim protection to prevent secondary stalking crimes and retaliatory crimes.

The Ministry of Justice is currently announcing legislation to amend the 'Act on Electronic Device Attachment' to expand the scope of electronic device attachment orders to stalking crimes.

The amended bill includes provisions that allow electronic device attachment orders even for first-time offenders who have been sentenced to probation or paroled and released or completed their sentence for stalking crimes if there is a recognized risk of reoffending, and mandates restraining orders against victims and others as necessary.

A Ministry of Justice official stated, "The Ministry of Justice will continue to do its best to suppress the occurrence of stalking crimes and protect victims."

Meanwhile, although the stalking punishment law has been enforced since October last year, strengthening criminal penalties, stalking and subsequent retaliatory crimes continue to occur. In particular, a recent incident at Sindang Station subway involved a perpetrator on trial for stalking crimes who murdered a female victim with a weapon, causing great shock to the public.