Revised law aims to make it easier to punish stalkers
A sign reading “Women Friendly Seoul” is displayed on the wall near a restroom in Seoul Metro's Sindang Station in this Sept. 16, 2022 photo, where a female subway worker was killed two days earlier by a male coworker accused of stalking and harassing the victim. Korea Times photo by Choi Joo-yeon
Victim's consent no longer required to prosecute stalkers
By Lee Hyo-jin
Stalkers will now face criminal punishment regardless of a victim's consent, following a revision to the so-called “anti-stalking law” that was passed at a plenary session of the National Assembly, Wednesday.
The bill was passed unanimously by all 246 lawmakers attending the session, which is a rare occurrence in Korea's parliament.
Through the revised bill aimed at strengthening punishment for stalking crimes, the Assembly decided to abolish a controversial clause stipulating that a stalker cannot be held criminally responsible if the victim does not consent to punishment.
The initial law legislated in 2021 stipulated that stalkers can be punished only after obtaining the permission of the victim. As a result, the law had been strongly criticized by civic groups for failing to address the core nature of stalking crimes. A lot of stalking victims tend to give up seeking punishment against perpetrators due to fears of retaliation. Because of that, many perpetrators have avoided criminal punishment after reaching settlements with the victims.
Women' rights groups said the revision was long overdue.
“It's something that should have been done years ago. We had expressed grave concerns on the matter since the legislation of the initial anti-stalking law and repeatedly called on the government to eliminate the unreasonable clause,” Song Ran-hee, head of the Korea Women's Hotline, told The Korea Times. “It's hard to welcome their belated move.”
She lamented that many stalking crimes ― including the murders of victims ― could have been prevented if the government had introduced proper laws and preventive measures in the first place.
Eliminating the controversial clause of the anti-stalking law was a campaign pledge made by President Yoon Suk Yeol, who vowed to get tough on crimes against women. But after taking office in May last year, his administration had not swiftly taken steps to carry out the promise.
Discussions on strengthening the anti-stalking law finally gained momentum in September of last year following the brutal murder of a female subway employee by a former coworker in a restroom at Sindang subway station in Seoul.
The offender, Jeon Joo-hwan, who had been stalking and threatening the victim for over two years, committed the murder just one day before he was to be sentenced on stalking charges.
Public anger mounted against law enforcement officials and the legal system for failing to prevent the crime despite the fact the Jeon had shown typical signs of a violent stalker, sparking calls for legal reforms and stronger punishments.
Against this backdrop, the Ministry of Justice announced in October plans to revise the anti-stalking law, which was eventually put to vote at Wednesday's plenary session.
“I believe that the revision encompasses most of what can be considered in order to protect stalking crime victims,” Justice Minister Han Dong-hoon said during an Assembly session, Tuesday, vowing to swiftly enforce the measures once the revision gets the green light.