[Law & Story] The Film "Misery" That Depicted the Ultimate Stalker

Stalking Punishment Act Passed After 22 Years
Social Awareness Still Lags Behind
Recognizing "Stalking Is a Crime" Is Essential
Stronger Separation Measures and Penalties Needed

Seokjin Choi, Legal Affairs Specialist Reporter.

[The Asia Business Daily, Seokjin Choi, Legal Affairs Specialist Reporter] "I'm your number one fan."

This is the first line confessed by the protagonist Annie with an excited expression to the famous writer Paul, who wakes up after a near-fatal car accident, in the 1990 film "Misery."

Annie, a former nurse who rescues Paul from the brink of death and cares for him devotedly, discovers that Misery, the heroine in Paul's novel, dies in the final installment. Her goodwill toward Paul turns into a deranged obsession, leading her to imprison and assault him.

Based on the original novel by Stephen King, a master of horror fiction, this film vividly depicts how affection for another person can turn into terrifying rage.

The "Sindang Station stalking murder case" that occurred on September 14 has shocked many people across the country.

It is shocking enough that such a gruesome crime took place in a subway station restroom at 9 p.m., a time when many people use the subway. However, what is even more astonishing is that the perpetrator, Jeon Juhwan, was a defendant on trial for stalking crimes against the victim.

Although Jeon had previously been fined in 2018 for distributing obscene materials under the Information and Communications Network Act, the judge in charge of reviewing Jeon's arrest warrant for violating the Act on Special Cases Concerning the Punishment of Sexual Crimes did not recognize his risk of reoffending. Earlier this year, the police investigating Jeon's stalking crime did not even request an arrest warrant. Seoul Metro left Jeon, who had been suspended from duty due to sexual crime charges, able to access the victim's personal information, such as her workplace and work hours.

Although the Stalking Punishment Act was finally enacted and implemented last year, 22 years after it was first proposed in 1999, our society's awareness of stalking crimes still seems to be at a very early stage.

Before the law was implemented, stalking behavior was considered "persistent harassment" under the Minor Offenses Act, punishable by only a fine of up to 100,000 won, detention, or a minor penalty.

Just as the police were once passive in dealing with domestic violence, our society has been overly tolerant of stalking crimes between former lovers or cases where one party shows excessive and unilateral interest in the other. Most urgently, we need a shift in this perception.

Various countermeasures are being proposed in response to this incident.

One prominent suggestion is to increase the statutory penalty for stalking crimes, currently "up to three years in prison or a fine of up to 30 million won," and to abolish the "non-punishment upon victim's objection" clause, which often becomes another cause of harm to victims.

Other proposals include introducing a "victim protection order system," which allows victims to request personal protection directly from the court without going through investigative agencies; implementing a "conditional release system" that restricts the perpetrator's range of activity and allows for active monitoring even after release; and adding the risk of harm or retaliation against the victim as grounds for detention.

The prosecution has decided to actively utilize pretrial detention and provisional measures to separate stalkers from victims and is coordinating with the police. In the National Assembly, a bill has been introduced to allow location tracking of stalkers if there is concern that stalking crimes may continue during the police's emergency measures or the court's provisional measures.

I hope these various moves will not end up as mere gestures to appease public opinion. I also hope that appropriate and reasonable measures will be established so that we do not repeat the mistakes of the Yoon Changho Act, which was repeatedly ruled unconstitutional by the Constitutional Court.