At the end of last year, South Korea passed the "Stalking Act", hoping to prevent stalking related criminal behaviors. Unexpectedly, after the bill was passed, "major murders" related to Sao still occurred one after another.
ignited the anger of the Korean people for a moment, and criticizing the tracking method is completely useless! What happened? Today, let’s talk about “Korean and the Sacred Way” together!
On September 14 this year, a murder occurred in the subway station in Seoul, South Korea that shocked the whole country! A 28-year-old female station attendant was ambushed and slashed by a 31-year-old man while inspecting the women's restroom.
0000 subway incident murderer "Quan Zhouhuan"
According to the investigation, the murderer is named "Quan Zhouhuan". He is the former colleague of the victim. He has been following and harassing the woman for a long time.
Although the woman had long sued Quan Zhouhuan for "harassment crime" and also applied for a protection order using the "stalking law". However, just the night before the first instance verdict was released, she was unfortunately killed in her workplace. After the incident, the anger of the Korean people was directly overwhelmed! Many people believe that the current "Stalking Law" is simply fake. Not only did the problem not be solved, it also allowed more criminals to harass victims more and more.
and related news have also been on the page of international media, causing a lot of discussion. In many countries, the "Stalking Law" has just been implemented not long ago, and many disputes have not been resolved, so everyone is particularly concerned about the incident in South Korea.
Today, we will see how serious the incident between South Korea is? What's wrong with the newly approved method of "Sao"?
in South Korea and harassment law before the birth of
in South Korea, the issue of "stalking and harassment" has actually attracted the attention of the media. As early as 1999, the South Korean Congress had a preliminary discussion on the "stalking and harassment law".
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In recent years, the Korean entertainment industry has been constantly experiencing crazy fans stalking and secretly taking photos of idols, which has even brought the issue of stalking and harassment to the forefront.
However, although the issue of stalking and harassment has attracted attention, the progress of relevant legislation is very slow, and most people do not feel the urgency of legislation.
even before the passage of the "Stalking Law", the level of "stalking and harassment" was just like "urinating and defecating anywhere", and was only classified as a very minor offense. This made most people feel that although stalking and harassing is wrong, it is not a bad thing.
It was not until 2019 that the "An Rende incident" occurred in South Korea that changed the minds of most people!
An Rende incident
An Rende is a 42-year-old man. He has been following a female high school student who lives upstairs for a long time. Not only do he often wait for her to go out at the other party’s door, but he has also sprinkled filth outside her door.
various behaviors made the girl unable to bear it and chose to report the case to the police. However, every time she reported the case, the police used the reason that "no substantial harm was caused." It is believed that such a situation cannot be confirmed and there is no further treatment.
As a result, An Rende continued to follow the girl. One day, An Rende suddenly set fire to his house and blocked the fire ladder with a knife. He randomly attacked the fleeing neighbor and eventually killed five people, including the girl.
The fire scene of the Anrende incident
This criminal case shocked Korean society and made more people realize the potential harm of the crime of stalking and harassment. This tragedy has become an important key to the birth of South Korea's "Stalking and Hazarding Law"!
What does Korea's "Stalking and Harassment Law" say?
In March 2021, South Korea officially formulated the "Punishment of Crimes of Tracking and Harassment", which was officially implemented in October of the same year.
In the Korean stalking and harassment law, "stalking and harassment" is defined as "uncomfortable or fearful" behavior towards the parties and their related relatives and friends under the premise of "no legitimate reason" and "violating the other party's wishes".
and it also lists five types of harassment behavior patterns.
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is approaching, following or blocking the way.
Waiting and staring in the scope of life.
sends harassment messages through letters, telephones, Internet and other means.
Place objects in residence and living areas.
and damaged objects in residence and living areas.
As long as someone "repeatedly" performs the above behavior, it may constitute a crime of sexual intercourse! The maximum penalty for stalking and harassment crimes has been increased from the original 100,000 won and one month's detention to 30 million won, and a three-year imprisonment, which greatly aggravated the punishment.
In addition, according to the tracking and harassment law, once the police receive the notice, they must go to the scene immediately to prevent the follow-up behavior and provide emergency resettlement of the victims according to the circumstances.
targets perpetrators, and the police will conduct a criminal investigation. If necessary, a protection order can be used to prohibit perpetrators from appearing in the victim's residence "within 100 meters" or contact the victim...
After the bill was implemented, many Korean people are looking forward to the new stalking and harassment law that can deter stalking and harassment related behaviors.
However, not long after, another serious stalking and harassment crime occurred in South Korea!
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After the tracking and harassment law was launched, it still cannot stop the crime?
On November 19, 2021, a month after the stalking and harassment law was launched, a woman was killed in her apartment. According to reports, the suspect was named Kim Byung-chan.
I had been dating this woman for more than five months. During the dating, Kim Byung-chan kept stalking and harassing the woman, illegally invaded her residence, and even threatened to kill her again and again!
Due to these behaviors, the woman was very scared. The woman decided to apply for a protection order based on the stalking and harassment law, prohibiting Kim Byung-chan from getting close to her and her home.
At the same time, she also obtained the "smart watch" provided by the police in accordance with the stalking and harassment law. If anything, you can call the police for rescue urgently. Unfortunately, these bans and measures have not been effective in the end.
On the day of the incident, when the police received a notice and arrived at the scene, the woman had already been killed!
"Kim Byung Chan Incident" once again aroused everyone's anger, and many people questioned that the stalking and harassment laws were useless!
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And experts also criticized that the current tracking and harassment laws have many loopholes in both the execution and legislation!
Korean stalking and harassment method: problems on the execution side
First of all, the stalking and harassment method encountered many problems on the execution side.
As mentioned earlier, at this stage, according to the tracking and harassment law, after receiving the report, the police will provide the victims' "smart watches" according to the situation, so that they can have tools to call for emergency help. However, the number of these watches is far from enough, and many people cannot get it at all. Even if you can get
, some people say that the positioning of these watches is very inaccurate, which makes the police go the wrong way and cannot find the victim in critical moments. Many times are often wasted in dangerous moments.
On the other hand, the police also said that it is really not easy to deal with such cases!
often times when you arrive at the scene, the perpetrator has left. The current criminal cannot be caught; and even if the other party is still on the scene. If he has no "immediate danger". In addition to flexible persuading the departure, it is also difficult for the police to do more.
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Moreover, with the passage of the stalking and harassment law, the number of reports of crimes of harassment has increased significantly, which also caused a headache for the police. Some cases are indeed critical and require quick support from police forces.There are also cases where a simple couple quarrels and only reports the case on impulse. But for the police, it is difficult for them to judge the risk level of each case and conduct manpower allocation, and people must be sent to deal with all cases. It also puts the police system on the verge of paralysis!
In addition to the above implementation difficulties, experts also believe that the tracking and harassment law has already had many flaws in the legislative stage!
South Korea's stalking and harassment law: legislative issues
At present, South Korea and the scammer law belong to the "telling nai theories". In other words, the victim must take the initiative to "report" before the law enforcement unit will start to deal with it. So what's the problem?
There are many victims. Because they are worried that "reporting a lawsuit" will anger the perpetrator and make the perpetrator take more serious revenge, they would rather continue to endure.
Moreover, the "contact ban" for the defendant is too relaxed. Even if the lawsuit is successfully filed, the perpetrator may continue to stalk and harassment in the gap between the "report" and the "verdict is released". Or put pressure on the victims, ask the victims to "revoke the lawsuit" and so on...
is like the subway murder case mentioned at the beginning. After the victim sued the victims using the stalking and harassment method, the defendant Quan Zhouhuan not only did not restrain himself, but instead felt dissatisfied. He further engaged in sexual intercourse, and finally led to subsequent murders.
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In addition to this, another one has also been criticized by many people, which is the so-called "100-meter ban".
Many people point out that this 100-meter ban is almost useless without electronic shackles!
If the perpetrator today was 100 meters away, he suddenly decided to attack the victim. The victim can only react for just over 10 seconds. There was no time to report the case, let alone wait for the police to arrive at the scene!
Seeing this, many people may want to say: Since
has found problems, wouldn’t it be enough to modify it? The part of
may not be that simple!
The next step in South Korea’s tracking and harassment law?
In fact, the direction of modification of tracking and harassment method. South Korea has not reached a consensus yet. The main reason is.
Everyone’s views on “the definition of tracking harassment behavior” and “the definition of repeated and continuous” are really much different!
In terms of "definition of tracking and harassment", some people believe that the types of crimes currently defined are too narrow, and many situations cannot protect the victims. But some people believe that if the criminal behaviors covered are too wide, it will not only make the already overloaded prosecutor and police resources even more collapsed. It will also increase the possibility of false accusations or indiscriminate complaints.
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In addition, some people think that such words are too vague about the definition of "repeated and continuous".
For example, is tracking twice considered "repeated"? Is it considered "continuous" to be tracked after one month?
These questions have a lot of room for interpretation and may trouble law enforcement agencies.
But some people think that the threshold for everyone to feel uncomfortable is different, and it is actually very strange to insist on standardizing a frequency standard. The above disputes are currently difficult to resolve.
Therefore, the current modification direction of South Korea's tracking and harassment law is mainly focused on "modification and notification" condition.
"Use electronic shackles" and "expand the scope of prohibited contact to 1 kilometer". I hope that the dead can be repaired and more complete protection will be given to the victims.
However, if the modification is really completed. Whether the police force and judicial resources can cooperate in the future may be a greater challenge!
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formulates a tracking and harassment method, which is really a superb! class! Sleepy! Disaster! Something about.
Everyone hopes to protect more people from malicious stalking and harassment through the law.
However, how should the police intervene and what types of crimes should be tracked? No standard answer. In particular, it is easy to fall into trouble where to draw the "border of illegality".
is useless to draw too small and cannot protect the victims. If the drawing is too large, it may violate human rights and cause unnecessary social disturbances.
These problems are indeed difficult to define during the period when the tracking and harassment law was just implemented. This is also why many countries' stalking and harassment laws are still controversial.
Many countries have to do with harassment, "sex", "gender" or "romantic relationship". However, in South Korea's stalking and harassment laws, these words are not particularly emphasized, so the crime motives are covered.
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As for the major stalking and harassment cases that have occurred in South Korea in the past few months, in addition to being regrettable, we also hope that we can reflect on the existing shortcomings from such tragedies.
Through these domestic and foreign experiences, we can find everyone's consensus step by step, so that the tracking and harassment crime system will become more and more perfect!
Finally, if you like today's video, please share it. Thank you for your reading.
