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A Review of 'Continuous Harassment' Provisions under Misdemeanor Punishment Act for Stalking Control  

Kim, CheongHa (Department of Police Administration, College of Asea Aviation)
Publication Information
Journal of the Society of Disaster Information / v.9, no.4, 2013 , pp. 439-448 More about this Journal
Abstract
The Amendment of Misdemeanor Punishment Act which has been enforced since March 22, 2013 contains Section 3. 1. 41 (titled "Continuous Harassment") which provides that stalking is one's act of "attempt to continuously approach other person or persons against the latter's express intent and thereby demand interviews or associations to them, or commit behaviors such as monitoring, following (shadowing) and ambush over and over again." In South Korea, any wrongdoer who does such act of stalking shall be fined 80,000 Korean won under the Enforcement Decree of Misdemeanor Punishment Act. However, in view of the seriousness of ever-diversified and skillful stalking crimes, we have a question of whether the application of current Misdemeanor Punishment Act would be effective in reality.In order to get over current limitations of Misdemeanor Punishment Act as a part of direct regulatory control over stalking crimes and more properly cope with stalking crimes, this study give the following suggestions.
Keywords
Stalking; anti-stalking legislativebill; misdemeanor; Misdemeanor Punishment Act; continuous harassment;
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