독일과 한국에서의 스토킹 규제에 관한 비교법적 고찰

Abstract

Stalking generally refers to the unwanted and repeated harassing of a person. It is a one-sided and paranoid act that can damage the subject mentally and physically, regardless of target’s intention. In Germany, ‘the law against the behavior of hanging around somebody with annoying persistence’was established in 2007, and a revised criminal law with newly established regulations was enforced. In Korea, however, ‘the special law regarding punishment on stalking’ in 1999, ‘prevention law against stalking’ in 2003,and ‘the special law regarding punishment against the act of causing anthrophobia including stalking’ in 2005 were submitted to the National Assembly, but failed to be legalized by being abolished or withdrawn due to the termination of a member of the National Assembly. Therefore, Korea doesn’t seem to have a high probability of applying these laws on Stalking,even though there are special laws such as Criminal Law, the Minor Offenses Act, which relates to the punishment of sexual violence and protection of victims, and laws against domestic violence. For example, the laws mentioned above cannot punish Stalking behavior unless it becomes a criminal act such as assault. Therefore, in this Article, by reviewing the detailed regulations and the background of the introduction of article 238 in the German criminal law, I have examined the possibility of adopting it by drawing attention to the limitations in Korea to counteract the crime of Stalking.