[Exclusive] "Just Pay the Fine"… Stalkers Who Visited Again Have Paid 500 Million Won

Stalking Offenders Paid Fines Totaling 516.1 Million Won
Temporary Measures Up to 6 Months Also Have Limits
"Perpetrators and Victims Must Be Thoroughly Separated"

Jeon Juhwan, the suspect in the 'Sindang Station Stalking Murder' case, is being transferred from the Namdaemun Police Station detention center in Jung-gu, Seoul, to the prosecution on the 21st. Photo by Moon Honam munonam@

[Asia Economy Reporters Jang Se-hee and Gong Byung-sun] It has been revealed that the fines paid by stalking offenders who violated the police's emergency measures have exceeded 500 million won. Accordingly, there are calls for criminal penalties, rather than administrative measures, to be imposed for the effective protection of victims.

Total fines of 500 million won paid by offenders who revisited victims after the Stalking Punishment Act enforcement

According to data received by Jeong Woo-taek, a member of the National Assembly’s Public Administration and Security Committee from the Police Agency, regarding the imposition of fines for violations of the Stalking Punishment Act, from the enforcement of the Act in October last year until August this year, stalking offenders who violated Emergency Measure No. 1 (prohibition of approach within 100 meters) and No. 2 (prohibition of approach via telecommunications) paid fines totaling 51.61 million won. Considering there were 220 cases in total, the average fine imposed was in the 2 million won range.

Emergency measures are victim protection policies that allow the police to issue orders prohibiting approach within 100 meters and prohibiting approach via telecommunications on their own authority. Provisional measures include written warnings (No. 1), prohibition of approach within 100 meters (No. 2), prohibition of approach via telecommunications (No. 3), and detention in a jail or detention center (No. 4). However, detention of the offender requires a request from the prosecution and a court order.

During the same period, 7,715 stalking cases occurred. Provisional and emergency measures were applied in 5,437 and 3,030 cases respectively. Since repeated stalking carries a high risk of escalating into retaliatory or violent crimes, there are calls to raise awareness of the dangers. Representative Jeong said, "It is doubtful that stalking offenders will desist from criminal acts out of fear of fines," adding, "It is necessary to consider measures such as extending detention periods in police station jails along with prompt isolation measures like approach bans when stalking incidents occur."

Under the current Stalking Punishment Act, failure to comply with emergency measures results in fines of up to 10 million won. Violations of provisional measures are punishable by imprisonment of up to two years or fines up to 20 million won. Since it takes time to impose fines and offender detention requires prosecution and court approval, there are limitations in preventing actual crimes. Also, the strongest provisional measure, detention in jail (No. 4), is limited to a maximum of six months.

Ruling party and government push to abolish 'non-prosecution upon victim's withdrawal' clause... Police to conduct nationwide survey of stalking cases

Although the Ministry of Gender Equality and Family and the police have pledged to curb stalking crimes at the government level, the risks have increased as these pledges have not been fully reflected in actual policies. In March this year, the Ministry of Gender Equality and Family approved the 'Basic Plan for the Prevention of Violence Against Women 2022 Implementation Plan,' which includes the establishment of a new offense for failure to comply with emergency measures. The police have also announced plans to immediately arrest offenders who violate emergency measures. The ruling party and government have taken urgent action. A ruling party-government official said, "We plan to swiftly push forward amendments to the Stalking Punishment Act as a key bill during the regular National Assembly session." The proposed amendments include abolishing the clause on non-prosecution upon victim's withdrawal, adding online stalking as a punishable offense, and including stalking crimes in the subjects for electronic monitoring device orders.

Following increased concerns about retaliatory stalking crimes after the Sindang Station incident, the police have decided to conduct a comprehensive investigation of stalking cases nationwide. A police officer working in the Women and Youth Division at a frontline station in Seoul said that even in cases where no prosecution is pursued, additional approaches by suspects will be investigated, and depending on the risk, 112 emergency calls will be re-registered and victim protection measures implemented. The police also acknowledge the need for criminal punishment. Another police official stated, "Repeated approaches indicate a higher risk of crime, so monitoring will be strengthened. However, even if offenders violate orders, they often only receive fines and frequently revisit victims."

Experts emphasize increased need for criminal penalties... Crime deterrence by raising likelihood of detention

Experts emphasize that separating offenders and victims is the top priority. Professor Jeong Wan of Kyung Hee University Law School said, "If the fine provisions in the Stalking Punishment Act are changed to criminal penalties, it could be a practical measure to physically separate victims and offenders," but added, "Ultimately, it is the judiciary that makes these decisions. If the judiciary makes improper judgments, even improved systems will fail to fully protect victims from stalking offenders."

Professor Lee Woong-hyuk of Konkuk University’s Department of Police Science said, "Fines alone are unlikely to deter extreme criminal acts," and added, "The approach should shift to immediately arresting and investigating offenders." He further noted, "Ultimately, increasing the likelihood of detention will have a crime deterrent effect."