스토킹죄의 실행행위 구조에 관하여

Recent stalking murders show that stalking is likely to lead to a life-threatening crime. Moreover, it is clear that proper responses to stalking crimes have not been prepared yet, as seen in a murder case in which a stalking victim suffering a persistent month-long harrassment stabbed the stalker to death with a murder weapon. Unfortunately, the stalking victim found himself/herself as an attacker. Although we had to take appropriate legal and institutional measures to prevent these incidents from ending up as an extreme tragedy, we have failed to do so. Establishing and enforcing laws to respond to new patterns of crime is required to lawfully punish perpetrators and protect victims. However, if an in-depth examination of crimes is not assumed, it can cause greater harm. Under the current circumstances where social attention is being shed on stalking with a growing demand for punishment for stalking, we must step back and review the issue from broader perspectives rather than responding quickly to these demands. In particular, In particular, the individual acts of stalking are common in daily life, and if such acts are repeated against the explicit intention of the other party and punished for stalking without any consideration is a violation of the right to express their opinion. Furthermore, as this implies that the illegality of the act itself is not significant in terms of the guaranteeing function of the Criminal Law, a thoughtful consideration is required in the legislation process. Thus, this writing will deal with an analysis into the provisions of persistent bullying in the Minor Offenses Act as well as the Act on the Punishment for Stalking Crimes. The analysis findings will be based to look into the concept and elements, as well as the peculiarity of the structure of a criminal act. Most of all, the term 'progressive crime' mentioned to draw the peculiarity of stalking - remaining incomplete in its concept - has yet to be reviewed in many aspects, but this process is considered to bring benefits in clarifying and detailing unclear parts of stalking crimes.