현행 스토킹처벌법의 문제 진단과 입법 정책적 관점의 개선방안 연구

On March 23, 2021, the day after the unfortunate incident in which three mothers and daughters were murdered in Nowon-gu, the National Assembly held a plenary session and decided to enact the Stalking Punishment Act. After that, the Stalking Punishment Act was enacted on April 20 and came into effect on October 21. After 22 years of stalking punishment after the stalking punishment law has been abolished and reissued several times, stalking is fined less than 3 years in prison or 30 million won, and if using a weapon, it will be punished with imprisonment for 5 years or less and fines of 50 million won or less. Although the enactment of the Stalking Punishment Act has great significance, there are still high voices of concern pointing out its limitations regarding the effectiveness of the current law to prevent stalking crimes. In particular, only emergency measures and provisional measures are stipulated to protect victims, so the actual measures to protect victims are quite insufficient. Therefore, this study examines the definition and characteristics of stalking crimes, then examines countermeasures through foreign stalking-related laws, and analyzes the status of reporting and judicial processing of stalking crimes in Korea. In addition, the problems of the Stalking Punishment Act enacted on April 20, 2021 are largely addressed, such as the non-intentional punishment clause, the criminal establishment requirements requiring continuity and repeatability, the problem of indeterminate concepts, the problem of victim protection measures, the problem of aggravated punishment, the problem of cyber stalking punishment, etc. and proposed legislative supplements. In addition, it was proposed to prepare a legal basis for requesting emergency livelihood support by including it as a means of protecting and supporting victims of stalking crimes. Lastly, at the policy level, a stalking support center that prevents stalking crimes and supports victims should be installed to establish a reporting system through linkage and cooperation between relevant organizations such as the local police and experts and experts. In addition, there is a need to prepare practical protection measures that victims can feel, such as measures to protect and support victims.