현행「스토킹범죄의처벌등에관한법률」에관한개선방향및법무부 개정 입법 예고(안)에 대한 검토

The「Act on the Punishment of Stalking Crimes」, which strengthens the punishment of stalking offenders, was passed in 2021 thanks to the public opinion that stalking, which has been treated as a misdemeanor under the Misdemeanor Punishment Act, can be a precursor to violent crimes such as murder and sexual violence. It came into effect on October 21st. Even though one year has passed since this law was enacted, violent crimes caused by stalking crimes, including the murder of a station worker at Sindang Station in September 2022, continue to occur. In the end, in that heavy punishment for stalking offenders alone cannot prevent stalking crimes from evolving into violent crimes, there is an urgent need for an overall supplementary work to the current Stalking Punishment Act. Recently, in October 2022, the Ministry of Justice announced an amendment to the Stalking Punishment Act. Here's a look at its contents: First, in the case of the amendment, while sticking to the restrictive enumeration of stalking behavior types, only a few cyber stalking behaviors were added. Needs to be. Second, In the case of the amendment, special stalking crimes are not subdivided according to the types of stalking, so the special stalking crimes can only be applied to some of the types of stalking. Third, the amendment did not accept the demand for the establishment of consequential aggravated crimes raised so far, which cannot avoid criticism for overlooking the inherent dangers of stalking. However, it is desirable that the amendment deleted the current anti-intentional punishment rules applied to (general) stalking crimes for fear of retaliation or secondary damage.