스토킹범죄 피해자의 실효적인 보호방안

Abstract

talking is a serious crime that destroys the victim's peaceful daily life and causes serious psychological and physical harm to family members and people around them. However, before the Stalking Punishment Act was enacted, the Misdemeanor Punishment Act was applied to treat it as a minor crime. Recently, the perception that stalking is a serious act that develops into serious crimes such as injury, murder and sexual violence has spread throughout society. In fact, there have been cases in which stalking has led to the extreme crime of murder. n December 2021, there was an incident in which an assailant who had been subject to personal protection through stalking killed the mother of the stalking victim and seriously injured her brother. And in November, there was an incident where he visited and killed his ex-lover who was being protected by the police due to stalking. And in March, there was an incident in which a stalker, who was constantly asking A, whom she knew through an online game, murderded her three members of her family, including her. Accordingly, the need for active intervention and prevention of criminal justice in the early stages of stalking was emphasized. In 2021 was enacted and implemented the Stalking Punishment Act. Stalking was subject to criminal penalties. With the enforcement of the Stalking Punishment Act, the state can prevent the development of a serious crime through early intervention in stalking. However, the problem was pointed out that the institutional mechanism for protecting victims was insufficient. For effective protection of stalking victims, it is necessary to expand the scope of victims of stalking and stalking crimes. The crime of stalking should be revised into the form of a dangerous crime. The provision of non-intentional punishment should be deleted. For the actual protection of the victims, it is necessary to take safety measures for the victims and introduce a victim protection order system in which the victims have the right to apply. A legal basis should be in place to protect the information of stalking victims.