Protecting Family Stalking Victims in Blind Spots, High Risk of Escalation to Serious Crimes

One in Three Domestic Violence Victims in Korea Experience Stalking During Separation or Divorce
National Assembly Legislative Research Office Urges Explicit Legal Provisions for Stalking Crimes to Protect Victims

Minister of Justice Han Dong-hoon is revealing and announcing the detailed contents ahead of the legislative notice for the amendment bills of the "Act on the Punishment of Stalking Crimes" and the "Act on the Attachment of Electronic Devices" at the Ministry of Justice in the Government Complex Gwacheon on the 19th. Photo by Yonhap News

[Asia Economy Intern Reporter Lee Gyehwa] Recently, awareness of stalking crimes in our society has significantly increased. A legislative amendment to expand protection for stalking crime victims has also been introduced. However, stalking crimes against domestic violence victims remain a safety blind spot.

From the abolition of the offense requiring the victim's complaint to GPS monitoring of perpetrators, discussions on stalking crime response at the National Assembly level are active. However, awareness and laws regarding stalking crimes occurring within families are still insufficient. This is because stalking is not included as a punishable crime under the Special Act on the Punishment of Domestic Violence Crimes (Domestic Violence Act) even when domestic violence victims are stalked by family members or relatives. Due to this, there are criticisms that practical protective measures for domestic violence victims are limited.

One in three domestic violence victims in Korea experiences stalking during separation or divorce. According to the National Assembly Legislative Research Office on the 21st, 34.2% of domestic violence victims reported experiencing stalking during separation or divorce from their spouse. Domestic violence perpetrators commit stalking crimes targeting △ the victim themselves (48.8%, multiple responses allowed) △ the victim’s family and cohabiting family members (32.6%) △ the victim’s friends and acquaintances (30.2%).

The problem is that stalking crimes occurring in intimate relationships such as family have a high likelihood of escalating into violent crimes like murder. The National Assembly Legislative Research Office reported that, based on a U.S. case study, 85% of female victims of attempted murder by intimate partners and 76% of female victims of completed murder had experienced stalking prior to the incident.

Overseas, stalking crimes within families are separately defined and punished. In New York State, USA, perpetrators can be sentenced to imprisonment ranging from 3 months to life imprisonment depending on the degree of harm, classified into levels 1 to 4. Tasmania, Australia, includes stalking in domestic violence crime types, encompassing acts such as △ surveillance and inducing fear △ waiting at workplaces or residences △ following, allowing victims to receive protective measures.

An intimate relationship means the perpetrator knows a lot of information about the victim. In a domestic case, the perpetrator of the 2018 'Deungchon-dong Parking Lot Murder Case' in Gangseo-gu, Seoul, attached a GPS device to his ex-wife’s car after divorce to find her residence and tracked her movements for two months.

However, in Korea, only crimes specified in the △ Criminal Act △ Special Act on the Punishment of Sexual Violence Crimes △ Act on Promotion of Information and Communications Network Utilization and Information Protection are recognized as domestic violence crimes. Stalking between family members without physical assault risks being left in a protection blind spot for victims.

Heo Minsuk, a researcher at the National Assembly Legislative Research Office, stated, "Due to investigative practices that consider only physical violence as violence, investigators find it difficult to actively apply the Stalking Punishment Act to stalking victims within families," and suggested, "Although there are several problematic provisions in the Special Act, at least explicitly including stalking crimes in the law would help protect victims."