🚨 Stalking Punishment Act: Punishing Stalking Crimes and Protecting Victims

Today Korean Social News | 2025.05.29

📌 Only 14% of Stalking Crimes Get Prison Time… Need for Stronger Victim Protection

💬 Four years after the Stalking Punishment Act started, only 14% of stalking cases result in actual prison time. Fines were the most common punishment at 54%, while suspended prison sentences were 27.9%. Experts say we need stronger punishments and victim protection measures before stalking leads to more serious violent crimes. There are ongoing discussions about creating stronger punishment rules for crimes against minors and introducing victim protection order systems. Stalking crimes are not just simple harassment - they are serious violations of human rights and can be warning signs of violent crimes, so society needs to pay attention and improve the legal system urgently.

Summary

• The Stalking Punishment Act is a law that punishes continuous harassment and following behaviors while protecting victims.
• Since starting in 2021, social awareness of stalking crimes has increased, but punishment levels and protection measures are still not enough.
• Responding to new types of crimes like online stalking and digital sex crimes is becoming more important.

1️⃣ Definition

The Stalking Punishment Act is a law that punishes stalking behaviors where someone continuously approaches, follows, or harasses another person against their will, and protects victims. The official name is 'Act on Punishment of Stalking Crimes, etc.' and it has been in effect since October 21, 2021.

Previously, stalking was only handled under minor crime punishment laws with weak penalties. This new law made stalking an independent crime and created various protection measures to ensure victim safety.

💡 Why is this important?

• It protects the human rights and safety of stalking victims.
• It prevents stalking from developing into more serious violent crimes.
• It responds to systematic harassment both online and offline.
• It provides legal protection to all stalking victims regardless of gender.

2️⃣ Main Content and Features of the Stalking Punishment Act

📕 Definition and Types of Stalking Crimes

• Stalking crimes appear in various forms. The main types are:

  • Continuously following someone or entering/waiting at their home, workplace, school, etc.
  • Continuously contacting through mail, phone, fax, text messages, email, SNS, etc.
  • Placing or delivering objects against the person's will
  • Making threatening words or actions toward the person or their acquaintances
  • Watching or filming the person's daily life
  • Spreading personal information, private life details, or false information through the internet

• Punishment levels and legal penalties have been strengthened. The main punishments are:

  • General stalking crimes: Up to 3 years in prison or fines up to 30 million won
  • When causing physical harm or making threatening actions: Up to 5 years in prison or fines up to 50 million won
  • Heavier punishment for repeat stalking crimes (up to 1.5 times heavier)
  • Discussions are ongoing about heavier punishments for stalking minors.

📕 Victim Protection Measures and Support Systems

• Various victim protection measures are available. The main protection measures are:

  • Emergency measures: Police officers can immediately separate the perpetrator from the victim and prohibit approach at the scene.
  • Temporary measures: Judges can order no-contact rules, phone/text bans, etc. for up to 6 months.
  • Personal protection measures: Police can take various measures to protect the victim's safety.
  • Stalking crime reports can be made 24 hours a day through the 112 report center.

• Victim support services are expanding. The main support includes:

  • Special counseling phone lines for stalking victims
  • Temporary housing and living expenses support
  • Legal counseling and litigation support
  • Psychological counseling and treatment cost support
  • Employment protection measures for workplace stalking victims
  • Transfer support for students who are stalking victims at school

Limitations and Improvement Tasks of the Stalking Punishment Act

1. Appropriate punishment levels: Current high rate of fines lacks real deterrent effect
2. Online stalking response: Insufficient response to new types of stalking from digital technology development
3. Victim protection period: Maximum 6-month temporary measure period is too short for long-term protection
4. Difficulty proving cases: Often hard to prove the continuity and intent of stalking behaviors
5. Preventing secondary harm: Insufficient measures to prevent secondary harm to victims during investigation and trial processes

3️⃣ Current Status and Effects of the Stalking Punishment Act

✅ Stalking Crime Reports and Processing Status

• The number of stalking crime reports continues to increase. The main status is:

  • Annual report numbers have steadily increased since the law started in 2021.
  • Online stalking reports make up about 40% of all cases and are rapidly increasing.
  • Victims in their 20s-30s make up over 60% of all cases.
  • Male perpetrators make up about 80%, while female victims make up about 70%.
  • Cases involving former romantic relationships are most common, but online stalking and one-sided interest cases are also increasing.

• Punishment status shows areas needing improvement. The main punishment status is:

  • Prison sentence rate is only 14%, which is low compared to other violent crimes.
  • Fines are most common at 54%, while suspended prison sentences are 27.9%.
  • High repeat offense rates for stalking crimes show lack of fundamental solutions.
  • While victim protection measure applications are high, actual implementation rates are relatively low.

✅ Social Awareness Changes and System Improvements

• Social awareness about stalking has greatly improved. The main changes are:

  • An atmosphere has spread that recognizes stalking as a serious crime, not just simple 'obsession' or 'showing interest'.
  • More victims are actively reporting and asking for help.
  • Stalking prevention education and response manuals are spreading in workplaces and schools.
  • Awareness about stalking targeting celebrities and public figures has also increased.

• Various discussions are ongoing for system improvements. The main improvement plans are:

  • Creating heavier punishment rules for stalking targeting minors
  • Introducing victim protection order systems to extend court protection order periods
  • Preparing specialized investigation techniques and punishment rules for online stalking
  • Introducing treatment order systems for stalking perpetrators
  • Expanding victim support budgets and specialized counseling institutions

4️⃣ Related Terms Explained

🔎 Temporary Measures

• Temporary measures are temporary prohibition orders that courts give to stalking perpetrators.
• Temporary measures are orders where courts prohibit perpetrators from specific actions for a certain period when there is concern that stalking crimes might happen again. These are preventive measures to ensure victim safety and prevent additional harm.
• The main content of temporary measures includes: First, prohibiting approach to victims within a certain distance. Second, prohibiting contact through phone, text, email, SNS, etc. Third, prohibiting loitering around the victim's home or workplace. Fourth, prohibiting other contact or harassment actions against the victim's will.
• Temporary measures can last up to 6 months and can be extended if necessary. Violating temporary measures results in up to 2 years in prison or fines up to 20 million won. Currently, discussions are ongoing about introducing victim protection order systems for longer-term protection due to criticism that the protection period is too short.

🔎 Emergency Measures

• Emergency measures are urgent protection measures that police officers can take immediately at the scene.
• Emergency measures are temporary measures that police officers who respond to stalking crime reports take immediately at the scene to prevent repeat crimes or harm from spreading. These can be implemented quickly based on police officer judgment without court warrants, allowing immediate victim protection.
• The main content of emergency measures includes: First, immediately separating the perpetrator from the victim. Second, prohibiting the perpetrator from approaching the victim. Third, prohibiting the perpetrator from contacting the victim by phone or text. Fourth, taking other measures necessary for victim safety.
• Emergency measures last up to 72 hours, during which prosecutors must apply for temporary measures from the court. Violating emergency measures results in up to 1 year in prison or fines up to 10 million won. This system was introduced considering that stalking crimes require immediate response.

🔎 Online Stalking

• Online stalking is continuous harassment using internet and digital technology.
• Online stalking means using internet, smartphones, SNS and other digital technology to continuously harass or threaten someone against their will. It can cause harm 24 hours a day without physical contact, causing extreme mental suffering to victims.
• The main types of online stalking include: First, sending repeated messages or emails. Second, continuous harassment on SNS or online communities. Third, spreading personal information or photos without permission. Fourth, spreading false information on the internet (cyber defamation). Fifth, tracking or surveillance using location information.
• While online stalking is relatively easy to preserve evidence for, investigation is difficult due to anonymous crimes and crimes crossing borders. Recently, new types are emerging like creating deepfakes using AI technology or harassment in metaverse spaces, requiring continuous legal system improvements.

5️⃣ Frequently Asked Questions (FAQ)

Q: What should I do if I'm being stalked?

A: If you're being stalked, it's important to respond actively right away. First, clearly tell the perpetrator that you don't want contact, then don't show any reaction after that. Keep all contact records with the perpetrator (phone calls, texts, emails, SNS messages, etc.) by taking screenshots or recordings, and write down detailed records of when and where the perpetrator appeared and what they did. Call 112 immediately to request emergency measures from police, and you can apply for temporary measures from prosecutors when necessary. It's also important to get help from experts through stalking victim hotlines (☎1366) or online counseling. Don't try to solve it alone - tell family, friends, or coworkers about the situation to get help from people around you. If the harm is serious, consider using temporary housing or protection facilities, and you can take measures like changing your phone number or address when necessary. Most importantly, stalking often gets worse over time, so it's important to respond strongly from the beginning.

Q: Can online-only harassment be punished under the Stalking Punishment Act?

A: Yes, harassment that only happens online is also subject to punishment under the Stalking Punishment Act. The Stalking Punishment Act defines not only physical contact but also continuous harassment through phone, text messages, email, SNS, etc. as stalking crimes. Specifically, this includes repeatedly sending messages against someone's will, spreading personal information or photos without permission, or spreading false information. For online stalking cases, it's relatively easy to preserve evidence, so it's important to save related messages or posts as screenshots and accurately record URLs and posting times. However, simply contacting someone once or twice doesn't count as stalking - 'continuity' and 'repetition' must be recognized. Online stalking reports can be made through 112 or the cyber crime reporting website (cybercid.police.go.kr), and using the reporting functions of portal sites or SNS platforms together is also effective. Recently, online stalking cases are rapidly increasing, so police are also operating specialized investigation teams - please actively report such cases.