The Ministry of Justice has announced amendment bills to the Stalking Punishment Act and the Electronic Device Attachment Act, alarmed by the shocking murder of a subway worker by her former coworker at Sindang Station in Seoul. The amendments come in response to a public outcry over the government's failure to properly address stalking crimes and violence against women.
Among other things, the amendment to the anti-stalking law envisions abolishing a provision stipulating that a perpetrator cannot be prosecuted without the explicit consent of the victim. This provision has been strongly criticized for leaving victims vulnerable to pressure from offenders to withdraw claims under threat of retaliation. Stalking suspects will also be obliged to wear an electronic anklet even before court sentencing in consideration of the urgent need to prevent access of the suspects to their victims.
Women's organizations and experts have strongly been demanding the adoption of these measures. However, the government has come up with them belatedly only after the high-profile murder case erupted. Some critics even argue that the removal of the "no punishment against will" clause could have prevented the Sindang Station murder case in which the 28-year-old victim was stabbed multiple times after finishing her evening shift in mid-September.
An anti-stalking bill was proposed in 1999, but it took 22 years before the law was enacted in October of last year. That's because stalking was treated as a misdemeanor punishable only by a modest fine.
Given that stalking often precedes more serious crimes, the importance of preventing stalking crimes cannot be overemphasized. Reports to the police for stalking numbered 685 during the first nine months of the year, exceeding the 606 reported last year. Despite the justice ministry's revision bills, it's still questionable if the proposed measures could be effective in addressing the ever-worsening stalking problem. The most important thing is protecting victims rather than punishing offenders. Once stalking complaints are filed, what should be done first is to separate the perpetrator from the victim.