「스토킹범죄의 처벌 등에 관한 법률」 개정논의에 대한 검토 및 제언 - 구성요건상 행위유형과 피해자 범위 설정, 반의사불벌죄 적용여부 문제를 중심으로 -

Abstract

After debate for over two decades on the punishment of stalking, it was finally decided to enact the Act on Punishment, etc. of Stalking Crimes (hereinafter the Stalking Punishment Act). However, as soon as the Stalking Punishment Act was enacted, imperfections were pointed out, and many people expressed the need for legislative improvements. The enactment and enforcement of the Stalking Punishment Act is clearly meaningful, but it was not perfect from the outset. However, the fact that many people believe revisions are required cannot be attributed to the diversity of opinions and viewpoints; it is evident that there is clearly room for improvement. Therefore, with an awareness of these concerns, this paper explores the setting of the type of action, the victims’ scope, and the application of no punishment against will as component requirements directly related to punishment as major issues in the debate on revisions; it also examines improvement measures. Considering the atypical nature of stalking, it is desirable to have regulations encompassing or supplementing other types to prevent blind spots in punishment, and to delete no punishment against will for true protection of victims. However, it is advisable to target only direct victims because it is undesirable to excessively expand the scope of the victim. Although the current law targets only direct victims, it is possible to supplement the parts that do not target indirect victims because the Stalking Punishment Act stipulates that indirect victims are subjects of protection for the stalking act, which is the pre-stage of stalking crimes. In addition, the need for revision in establishing a relationship with consistent harassment crimes under the Punishment of Minor Offenses Act is discussed.