• Title/Summary/Keyword: Misdemeanor Punishment Act

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A Review of 'Continuous Harassment' Provisions under Misdemeanor Punishment Act for Stalking Control (스토킹 규제를 위한 <경범죄처벌법>상의 '지속적괴롭힘' 조항에 관한 검토)

  • Kim, CheongHa
    • Journal of the Society of Disaster Information
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    • v.9 no.4
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    • pp.439-448
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    • 2013
  • 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.