「스토킹범죄의 처벌 등에 관한 법률」에 대한 비교법적 평가 - 독일과 일본의 법제도와의 비교를 중심으로 -

On September 14, 2022, around 21:00, a female station attendant was brutally murdered in the women's restroom of Sindang Station on Seoul Subway Line 2 by Jeon Jeon-hwan, who had been stalking her. This was nearly a year after the new law on the punishment of stalking crimes was enacted on October 21, 2021. The outraged public who witnessed the heinous murder questioned whether the law punishing stalking was effective, and the National Assembly considered the public opinion and began discussing revisions such as abolishing the penalty for stalking. This paper aims to evaluate whether Korea's stalking laws are effective in preventing violent crimes and protecting victims. In particular, referring to the cases of Germany, which already had a stalking crime in its criminal code, and Japan, which enacted a stalking regulation law in the form of a special law in 2000, this paper will evaluate the appropriateness of stalking laws by comparing the wording used to define stalking behavior and stalking crimes, the type of behavior, benefits and protection of the law, administrative intervention devices, and sentences. This paper is not just a comparative legal evaluation of the three countries' legal systems, but at the end of the paper, I will propose further improvements in Korea's stalking punishment law. We will also introduce new foreign policies such as the therapeutic jurisprudence.