Let's Abolish the Conditional Prosecution Clause in the Stalking Punishment Act!

[Seoul Metropolitan Council News] Seoul Metropolitan Council Democratic Party (Floor Leader Jeong Jin-sul) submitted a proposal on the 22nd urging legal amendments to strengthen the effectiveness of stalking punishment and prevent victimization... Ordinance to Protect the Rights of Civil Servants Initiated by Choi Ho-jeong, Seoul Metropolitan Council Member (People Power Party Floor Leader), Passed Standing Committee & Stalking Regulations Citing Verbal Abuse and Assault Examples, Reflecting Commitment to Protection from Realistic Threats

[Asia Economy Reporter Jong-il Park] Following the Sindang Station murder case, voices are rising to raise social awareness of stalking crimes and to urge the revision of the "Act on the Punishment of Stalking Crimes" (hereinafter referred to as the Stalking Punishment Act).

On the 22nd, 36 members of the Democratic Party of Korea in the Seoul Metropolitan Council submitted a "Proposal to Urge the Amendment of the Law to Strengthen the Effectiveness of Stalking Punishment and Prevent Victimization" (hereinafter referred to as the Proposal) to the council.

Jin Jinsul, Floor Leader of the Democratic Party of Korea in the Seoul Metropolitan Council

The Proposal mainly calls for the abolition of the non-prosecution upon victim's complaint clause in the Stalking Punishment Act, which has become a pretext for the perpetrator's threats and retaliatory crimes, as well as the strengthening of victim protection measures and the establishment of provisions for aggravated punishment.

The non-prosecution upon victim's complaint clause in the Stalking Punishment Act has been controversial since the law's enactment, as it is highly likely to lead to secondary stalking and retaliatory crimes by perpetrators aiming to coerce settlements and threats. It has also been pointed out as problematic that investigative agencies and courts tend to regard stalking crimes as "personal matters to be resolved between the parties" or "relatively less serious crimes," which may lead to pressuring victims to settle, lenient punishments, or dismissal of warrants, resulting in passive responses to victim protection.

According to National Assembly data, since the enforcement of the Stalking Punishment Act in October last year, there have been 7,772 re-reports from stalking victims under personal protection, but only 211 cases resulted in detention, accounting for just 2.7% of the total re-reports.

Also, among about 4,000 perpetrators sent to the prosecution by the police for violating restraining orders and other charges up to July this year after the enforcement of the Stalking Punishment Act, approximately 94% were sent without detention.

Since stalking crimes often occur repeatedly and continuously and frequently lead to assault and murder, the Proposal also urges the strengthening of victim protection measures and the establishment of provisions for aggravated punishment. By setting aggravated punishment clauses according to the duration, target, and repetition degree of stalking, it is expected to prevent recurrence of stalking crimes, and to ensure thorough victim protection by strengthening emergency and provisional measures.

Earlier, the Democratic Party of Korea in the Seoul Metropolitan Council stated in a position paper that they would seek to urge related law amendments to prevent stalking victimization, strengthen public institutions' access to information authority, revise personal information management manuals, expand essential personnel, and establish measures to protect and support sexual violence victims.

Representative Council Member Jin-sul Jeong (Mapo 3) said, "All members of our party deeply feel social responsibility and have united in support of the proposal urging law amendments," and emphasized once again that they will make every effort to prevent stalking victimization, including preparing institutional and policy measures at the Seoul city level along with the legal amendment proposal.

The "Ordinance on the Protection and Support of Civil Petition Officers in Seoul Metropolitan City," proposed by Seoul Metropolitan Council Member Ho-jeong Choi (Seocho 4, People Power Party representative member), passed the Administrative and Autonomy Committee of the city council on the 21st.

Choi Hojung, Floor Leader

The passed ordinance aims to protect civil petition officers from physical and mental threats such as verbal abuse, assault, sexual harassment, spreading false information, and stalking by petitioners, and to establish a support system.

According to the ordinance, based on clear definitions of civil petition work and verbal/physical abuse, it stipulates the mayor's responsibility for the protection and support of public officials. In relation to the recent Sindang Station murder case, stalking is included as an example of verbal and physical abuse by petitioners, reflecting the will to protect officials from realistic threats they face.

The ordinance also specifies the duties of department heads to create a safe working environment for officials and details support measures such as medical expenses, psychological and legal counseling, and rest for affected officials. Based on the passed ordinance, civil petition officers on the ground are expected to receive substantial protection.

Issues of illegal acts by petitioners against public officials, such as verbal abuse, insults, threats, assault, and sexual harassment, as well as insufficient institutional protection measures, have been continuously raised.

In response, the Ministry of the Interior and Safety amended the Enforcement Decree of the Act on the Handling of Civil Petitions to allow heads of local governments to establish autonomous regulations for protective measures for civil petition officers.

Representative Ho-jeong Choi, who jointly proposed the ordinance with 74 members of the People Power Party, said, "I hope that civil petition officers can perform their duties sincerely for citizens in a safe working environment through this ordinance," and added, "We will also take the lead in efforts to spread a culture of mutual respect between public officials and citizens."