피해자 보호를 위한 스토킹 행위 규제 방안 - 20대 국회 입법안 분석을 중심으로 -

Abstract

Difficulty of standardization is one of characteristicsa characteristic of stalking. Some forms of stalking can be disciplined under the current law as aas consistent harassment according to the Punishment of Minor OffencesOffenses Act. However, despite the severity of damage, it is hard to proactively respond to or prevent stalking to protect a victim. Since the current law has limitations in penalizing the act of stalking, establishing a special law may be established for the protection of victim may be considered. victims. In this study, we examined the problems of the incumbent legislation on stalking, and explored effective ways of penalizing stalking to protect victims. First, we affirmed that the current law has limitations in penalizing stalking in terms of the type of the crime, and we contemplated a new form of legislature. We affirmed1) verified that main issues of stalking included its definition, classification of types of stalking, theand scope of victims, and that it is necessary to examine; 2) confirmed the necessity of examining issues such as the extent and the scope of pre-stalking interventioninterventions to effectively protect victims,; and 3) accordingly proposed the direction of legislature. We searched for measures to disciplineof penalizing the act of stalking to effectively protect victims without conflicting with the general principles of other laws, including the criminal law, while effectively protecting victims.