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Indian Journal of Public Health Research & Development
Year : 2018, Volume : 9, Issue : 9
First page : ( 947) Last page : ( 952)
Print ISSN : 0976-0245. Online ISSN : 0976-5506.
Article DOI : 10.5958/0976-5506.2018.01121.X

Study on the legislative measures for stalking in Korea

Jeong Shin-Kyo*

Dept. of public police Administration, Gimcheon University, 214 Daehakro, Gimcheon-si, Gyeongsangbukdo (39528), South Korea

*Corresponding Author: Shin-Kyo Jeong Dept. of public police administration, Gimcheon University, 214 Daehakro, Gimcheon-si, Gyeongsangbuk-do (39528), South Korea, Email: Jsk732@hanmail.net

Online published on 16 October, 2018.

Abstract

Background/Objectives

Although stalking acts are serious crimes which may even result in murder, there is no strict punitive measure for stalking acts in Korea. Therefore, I would like to suggest the grounds for the establishment of special law on stalking behavior..

Method/Statistical Analysis

This study adopted the existing theoretical literature review. Domestic and overseas materials such as paper, books, magazines, etc. are used. And this thesis use the descriptive, exploratory, and analytical methods incorporating literary research methods by examining various kinds of materials such as domestic and overseas books..

Findings

There would be no counter argument in that regulating stalking in Korea ends in failure due to the punishment of the minor offense which charges only the penalty of KRW100, 000 in view of the size and format of stalking and resultant crimes. Despite stalking is highly dangerous, punishment level for stalking is so low. Therefore, victims are likely to be exposed to secondary damage. Thus, establishment of a special law and addition of constitutional requirements for stalking acts under the Criminal Law need to be considered..

Improvements/Applications

The point of approach of stalking as an extension of private affection problem among persons should disappear and it should be recognized as an independent constitutional requirement requiring punishment.

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Keywords

Consistent harassment, Legal Restriction on Stalking, Minor Offenses Act, Preliminary contingency measures, Stalking, Syber stalking.

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