Stalking Laws in South Korea

We will strive to control criminal harassment at an early stage before it becomes a more serious crime. Prior to the introduction of the new law, criminal harassment was treated in South Korea as an offense punishable by a modest fine, according to the Korea Herald. A year ago, an anti-harassment law went into effect in South Korea to combat a type of harassment that more than 10% of Koreans say they have experienced. The perpetrators, who had already been fined up to €80, now face up to three years in prison. But one particularly heartbreaking case put the law back in the spotlight. In September, a 28-year-old woman was murdered in a public restroom by a man she accused of persecuting her. Activists and politicians are now saying the legislation is too weak and wondering what else can be done to protect victims before it`s too late. Our correspondents report. The words that should assure women of their safety have become tragically ironic. Last week, a young woman who worked in the ward was brutally murdered in the toilet. The man suspected of killing her had been chasing her for years.

The woman`s murder in a bathroom at the subway station where she worked earlier this month shocked South Korea a day before her alleged attacker, described by police as Jeon Joo-hwan, 31, was convicted of harassment. Police can now respond to acts of harassment with various measures, such as providing shelter for victims, issuing injunctions against potential suspects to limit their physical and online contact with victims. Korean netizens are very satisfied with the legislative changes and the effective action plan presented by Justice Minister Han Dong Hoon. “We don`t need new laws,” said Choi Jin-hyup, director of the group Women Link. “What we need is to change the attitude of the authorities towards the victims.” She blames the government, which has tied itself up in terms of women`s rights. An anti-harassment law carrying a maximum sentence of three years in prison, passed last October, was condemned as flawed because it allows police to intervene only with the consent of the victim. This loophole, critics say, gives stalkers the opportunity to pressure their victims to drop their complaint. Previously, criminal harassment was considered an offence in the Criminal Code, punishable by fines of less than KRW 100,000 (approximately USD 70.80). The revised law came after the gruesome murder of a subway worker in September. The suspect, a colleague of the 20-year-old victim for years, before killing her in the woman`s toilet at Sindang station on Line 2.

Data obtained by the BBC from South Korea`s National Police Agency shows that 7,152 harassment arrests have been made since the harassment law went into force last year, but only 5 percent of suspects have been arrested. In cases where the police appealed to the courts to arrest the suspect, one in three requests was rejected. People left notes and flowers at a monument to the subway worker who was killed by her harasser| Anthony Wallace/APA`s public outrage over the case has increased, with President Yoon Suk Yeol calling for stricter anti-harassment laws. “The anti-harassment law was enacted last year, but many said it was not enough to protect victims. I told the Ministry of Justice before I left that I had to improve the system and ensure that victims were protected so as not to leave room for such crimes,” he told reporters on September 16. His family, along with the rest of the country, is now observing the horrific details of his case. They exposed weaknesses in South Korea`s harassment laws and led to accusations that the country does not take violence against women seriously enough. On Thursday, an anti-harassment law went into effect in South Korea for the first time, allowing violators to be punished with up to three years in prison. This is the first South Korean law specifically enacted against harassment. But now pressure is mounting on President Yoon Suk-yeol to strengthen the law, as there is evidence that criminal harassment often precedes more serious crimes. South Korean President Yoon Suk-yeol acknowledged that the country`s harassment laws were inadequate and asked the Justice Ministry to strengthen them.

On October 20, South Korea passed the first anti-harassment law that makes stalking a crime punishable by up to three years in prison. This is the first South Korean law specifically enacted against harassment. Previously, harassment was classified as an offense in the penal code, punishable by fines of less than 100,000 won ($85). The Justice Department is reportedly considering lifting the consent requirement, but critics pointed out that a similar measure has been stalled in the National Assembly for more than a year, in part because of opposition from the Justice Department, which argued that the new anti-harassment law would suffice. After the victim reported Jeon last October, he was released and arrested, but released on bail. Like many other harassment suspects, he has not been restrained. Under the new law, the following acts are considered acts of stalking: approaching, tracking down or blocking a victim against his or her will; hiding in the victim`s home, workplace or school; Sending unsolicited texts, images or videos via any form of communication; and trying to create fear or anxiety through passive violence. The legal definition also extends to the same acts directed against a victim`s family, friends or partner. It was the day before he was convicted of persecuting her. Jeon was arrested for murder and the decision on his harassment charges was postponed until September 29. Since the law came into force, police have made 7,152 arrests for harassment, but only 5% of suspects have been arrested.

President Yoon addresses the media on September 16 about anti-harassment laws Until last year, harassment was classified as a misdemeanor punishable by a small fine. In October, an anti-harassment law was finally passed, but many argued that it was insufficient and would not protect victims, mainly because of its provision that a perpetrator can only be prosecuted with the consent of the victim. One of the most notable changes that this new law seeks to make, along with the penal structure, is the attitude towards criminal harassment. Korean netizens pointed out that it is an accepted fact in South Korea that harassment does not end until after the death of the victim. But now, armed with the new law, police should be more vigilant from the first report of harassment before it becomes a more serious crime. A recent report by the Korea National Police University found that nearly four out of 10 murders of close associates were preceded by incidents of harassment. The professor recommends that the ministry remove the provision requiring victims to consent to prosecution. Meanwhile, the Supreme Court has suggested that harassment of suspects who are not detained should be subject to injunctions. During a visit to Sindang railway station, Kim told reporters that she did not believe misogyny had been a factor. “I don`t agree with this case being portrayed as men against women,” she said. Women`s rights activists have pointed out that nearly 80 percent of harassment victims in South Korea are women.

When she denounced him last October, he was released and arrested. But despite a police investigation and a court petition to arrest him, he was never detained or given a restraining order. This loophole, they say, allows stalkers to trick their victims into withdrawing their lawsuits — the same way Jeon tried to threaten his victim. Jeon reportedly told police that he murdered her because he resented her for taking legal action. She was turned down by her employer, the police and the courts, protesters shouted, making her death symptomatic of a much more serious problem. They fear that it will happen to one of them that no room is safe. Timber smuggling in Senegal: illegal trade threatens Casamance`s forest region The mood is reflected in dozens of post-it notes asking: “How many more women have to die for this country to change?” The murder case highlighted South Korea`s ongoing fight against gender-based crime.