스토킹에 대한 경찰법적 고찰
Stalking: in perspective of korean police law
이성용, 심희섭
초록
Despite recent, notable revision efforts, existing laws in South Korea are not enough to effectively deter would-be stalkers. Specifically, the police, as initial responders to stalking victimization, are not allowed to take proactive measures before the offense is actually committed. It seems that the criminal justice system in South Korea puts more stress on offenders' rights and intentions than victims'. However, it should be noted that the limited police discretion resulting from the absence of a specific empowerment clause can bring about serious outcomes. That is because, persistent stalking is likely to be connected to physical violence, such as assault and homicide, for victims. To fill the void in the existing laws, the current study aims to offer several suggestions based on a systematic, cross-national review on existent anti-stalking laws. The suggestions include revising either law of domestic violence or police enforcement, and enacting a special law to protect victims of stalking. Both strengths and weaknesses for respective measures are additionally discussed.