According to Korean National Police Agency data, the number of stalking reports increased to 2,772 in 2018 and then to 5,468 in 2019. Recently, as digital media such as social media platforms and mobile messenger services have diversified and developed, cyberstalking (online stalking) crimes have also been increasing. According to data from the Korea Communications Commission, cyberstalking accounted for 4.9% of cyberbullying in 2017 but increased to 8.7% in 2019. In addition, 42.3% of 1,500 adults experienced cyberstalking in 2020. However, in the case of cyber stalking crimes, there are many difficulties in punishing them under the current law because they have different characteristics from existing offline stalking crimes. Therefore, an individual restriction and protection system of cyberstalking distinct from offline stalking is needed.

       The current punishment law related to cyberstalking is "ACT ON PROMOTION OF INFORMATION AND COMMUNICATIONS NETWORK UTILIZATION AND INFORMATION PROTECTION, ETC.," "ACT ON SPECIAL CASES CONCERNING THE PUNISHMENT, ETC. OF SEXUAL CRIMES," and "ACT on Stalking Punishment, etc. (Stalking Punishment ACT)." [1]However, according to a report "The Present Condition and Response of Online Stalking (2021.3)" by the Center for Korean Women & Politics, the current laws are limited to punishing cyberstalking as a "stalking crime." It is limited to the punishment of cyberstalking crimes that fit the definition of stalking crimes in the " Stalking Punishment ACT," which focuses on offline stalking. For example, in the case of cyberstalking action, such as "finding out privacy and storing personal information," are beyond the scope of the Stalking Punishment ACT. In addition, the existing protection method to protect victims of cyberstalking sometimes has a limit to be applied online. For example, protection method such as "no access within 100 meters of victims" is hard to apply online where it is difficult to restrict access of the criminal. In addition, due to the characteristics of the online environment, criminals can use overseas IPs. Thus, it is hard to monitor the criminals' whereabouts around the clock and stop the criminal from approaching the victim. But cyberstalking, like offline stalking, can be a precursor of other crimes. Cyberstalking can lead to other cybercrimes. Cyberstalking can lead to other cybercrimes, such as cyber sexual violence and personal information leakage. It also can lead to offline crimes. According to the report "The Present Condition and Response of Online Stalking (2021.3)," 13.9% of the victims of cyberstalking experience additional cyber, or offline, abuse. It also can lead to offline crimes. Actually, on March 12, 2021, a military alternative social worker in his 20s cyberstalked a woman and tried to kill her mother. Therefore, individual regulations on cyberstalking crimes and protection methods for cyberstalking victims considering online characteristics are needed to prevent additional secondary damage.

       Stalking is not a minor offense, not a "showing of interest." Stalking is a crime that causes not only physical damage but also huge emotional damage. The Stalking Punishment ACT took effect in October 2021, taking one more step to punish stalking crimes. However, there are still limits to regulations on cyberstalking crimes and the protection of victims of cyberstalking. Therefore, it is necessary to establish standards for cyberstalking suitable to the online environment and come up with new alternatives to protect cyberstalking. CAH hopes there will be no more damage caused by online and offline stalking in the future.


[1] This ACT enforces on October 21, 2021. (Promulgation Date: 2021. 04. 20 / Enforcement Date: 2021. 10. 21)

저작권자 © 중앙헤럴드 무단전재 및 재배포 금지