주 메뉴 바로가기 본문으로 바로가기

PUBLICATIONS image
PUBLICATIONS

KICJ Research Reports

A Study on the Improvement of the Stalking Punishment Act and Police Support for Victims 사진
A Study on the Improvement of the Stalking Punishment Act and Police Support for Victims

Abstract

This research aims to present alternatives based on the empirical basis of urgent issues related to stalking, and it deals with three main aspects. The following aspects were seen as the center of urgent stalking related issues: 1) Improvements of Act On Punishment Of Stalking Crimes(“Stalking Punishment Act”), 2) Improvements of work for Stalking Police Officer, 3) Victim Protection and Support plans. In order to identify main issues in each area, a basic literature review was conducted using research articles and statutes. To contrast the identified issues with realistic issues, Analysis of Information disclosure data on the handling status of stalking case(National stalking handling status), 112 report data analysis(17,897 final analysis cases), and stalking-related big data analysis(online cafe, media report) were conducted. Based on the issues identified in this way, two aspects of empirical analysis were attempted.


An expert Delphi survey was conducted to improve the Stalking Punishment Act. In order to reflect the opinions of the field, a total of 24 experts Delphi surveys were conducted(12 academics and 12 field staffs). In addition to ways to improve the Stalking Punishment Act, this Delphi survey deals with legal issues related to the victim protection and support plan. Furthermore, an experience and awareness survey was conducted on 91 Stalking Police Officers(32.62% of 279 total Stalking Police Officers). In the experience and awareness survey, stalking-related experience, perception for work improvement, and the realistic measures required to protect and support victims were asked. The analysis results suggested in what form improvement on major issues should be discussed, and were used as a basis to increase the effectiveness of the improvement plan. Finally, a specific alternative was proposed so that the improvement plan on the comprehensive issue could actually lead to policy suggestions for protecting and supporting victims. The details of the specific study are as follows. 


First of all, this research tried to comprehensively grasp the issues related to the improvement of the Stalking Punishment Act and the police's victims support plan. Literature review, expert advisory meetings, analysis of Information disclosure data on the handling status of stalking case, and legal analysis were conducted to see the issues in various ways.


There were following discussions on legal issues: ‘whether maintain or abolish Not Punishable Against Victim's Will regulations’, ‘the effectiveness of the fine regulation’, ‘whether to add enumeration regulation or supplementary regulations on the prerequisite for stalking behavior and scope of victims’, ‘the effectiveness of protection measures’, ‘Whether stalking online includes the scope of stalking’. However, legal issues were legislated by the Ministry of Justice as an amendment to the Stalking Punishment Act, and it was found that much of them were reflected in the issues(including abolition of Not Punishable Against Victim's Will regulations, abolition of fines, and online stalking). 


In the police's work issues, there were practical issues such as workload and manpower recruitment. In addition, it was found that there are issues such as unification of case handling, systematization of case information collection, improvement of underestimation of stalking crimes, abuse of stalking crime reports, and use of stalking checklist. 


Finally, it was found that measures to increase the effectiveness of the emergency measure stage in relation to victim protection and support, response to stalking in close relationships, risk assessment of perpetrators, connection with support agencies, aggravated punishment for stalking minors, special cases for appointing Offizialverteidiger, and confidentiality of stalking victims.


Next, The 112 report data was reprocessed to present the current status, and in particular, comparative between groups analysis was conducted in relation to the police's dispatch. Through the analysis, this paper determined whether the previously identified issues were applicable as problems in the reporting data, and checked whether there were any new issues. 


The main contents of the results were somewhat different in the specific status, but it was confirmed that reports and measures of stalking cases were mainly conducted in the afternoon (12:00-17:00) or evening (18:00-23:00). In the analysis by year and month, it was found that as the weather got colder, it was affected by reporting and case handling. Due to the nature of stalking, it can be assumed that it is easy to wait, monitor, and contact the target at the evening rush hour, the time after work, and the season when it is not cold. 


Another major content is that the proportion of counseling guidance is 21.2% of the total. This means that the stalking victims' demand for counseling is high, and whether it is a onsite response or a offsite response, it could be the basis for judging when professional responses to counseling and counseling guidance are needed. 


Finally, regarding the time required for dispatch, it was confirmed that dispatch takes place faster in the case of "women reporting" and "criminal action case." This indicates that on-site police officers are more sensitive when victim is woman and stalking cases is in serious situation. However, since there are many burdensome factors in handling stalking cases, such as stalking police officer’s heavy workload on field as mentioned previously, detailed discussions and improvement plans are required to lead to effectiveness of the police's sensitive response to stalking. 


After that, the researchers tried to identify social issues for ways to improve the Stalking Punishment Act by comparing social perceptions before and after the implementation of the Stalking Punishment Act. To this end, BIG KINDS' media articles and NAVER's online cafe posts were collected by dividing them into two sections(before and after the implementation of the Stalking Punishment Act), and analyzed using text analysis techniques, Topic Modeling(LDA) and word2vec. The analysis results are summarized into the following two. The first is that the characteristic of 'stalking' crimes is recognized as continuous harassment accompanied by threats in the relationship between women and men. These characteristics are important information in determining the scope or direction of the improvement plan of the Stalking Punishment Act. Second, extreme stalking cases were highlighted before the implementation of the Stalking Punishment Act, and after the implementation of the law, the role of the police was noted. This trend was more pronounced in the media than online cafe postings. The media's concentration of reports on the role of the police, such as damage reporting measures or prevention, since the law was enforced is related to the fact that stalking cases are becoming more brutal. The extreme stalking incident report by media formed a social perception that stalking crimes are likely to develop into verbal threats and physical violence, starting with frequent contact. This increases the level of social fear of stalking crimes, emphasizing the application of the law and the role of the police, and can affect social trust in the law and the police later. 



On the other hand, an expert Delphi survey was conducted focusing on issues related to the Stalking Punishment Act. To reflect the actual opinions of the field, 12 field police officers with sufficient experience and ability to handle stalking cases were selected as targets, and 12 academics with a high understanding of the Stalking Punishment Act. Therefore, 24 experts Delphi surveys were conducted, The second questionnaire was derived through the first open survey, and statistically significant expert consensus was derived from 19 issues out of 35 issues related to the Stalking Punishment Act. 


Agreed opinions are as followed: 1) The current penalty regulations for fines are not appropriate, 2) It should be changed to criminal punishment regulations(fines, detention, etc.) rather than penalties for fines, 3) Places for damage prevention(temporary accommodation, hospital treatment, etc.) should be prepared, 4) Immediate emergency and provisional action regulations should be expanded 5) The scope of protection should be expanded in cooperation with related agencies and local governments, 6) The 'sustainability or repeatability' regulation under the current law is problematic, 7) it is necessary to establish a system to link suitable victims support plan based on victim's situation and stalking damage-related counseling centers or protective facilities during the emergency measure phase, 8) Emergency measures are stipulated only as "in-progress actions" on the day of reporting, so it is necessary to revise the situation after stalking so that certain emergency measures can be taken, 9) Simplification of post-approval procedures for immediate emergency measures comprising three phases: police, prosecution and court, 10) In the case of a change, cancellation, or dismissal of immediate emergency measure, the opinion that the counterparty of the stalking, the legal representative, and the police officer in charge should be notified, 11) The period of immediate emergency measures is short, and the penalties are limited to fines, which is less effective than provisional measures, 12) It is necessary to establish regulations related to "consignment to a medical institution or other nursing home" as a provisional measure, 13) The necessity of special cases for appointing Offizialverteidiger for stalking victims, 14) The necessity of strict confidentiality regulation of victim’s personal information and privacy, 15) the need for active nationwide publicity for stalking crimes, 16) The necessity of regulations on the provision of protective facilities and shelters for male victims, 17) The necessity of strengthening treatment orders and security measures as part of the prevention of retaliatory crimes, 18) Dating violence perpetrators are likely to engage in stalking behavior, 19) Relationships with dating violence are likely to lead to stalking after breakup. 



Among the opinions that have not been agreed upon, the important parts to be grasped are as follows: 1) Opinions on the abolition of ‘Crime not Punishable against Victim's Will’, 2) The opinion that electronic monitoring should be conducted on a person who has repeated stalking behavior, 3) The opinion that emergency measures are not effective, 4) Opinions on aggravated punishment for minors, 5) The opinion that stalking related work should be included in the municipal police’s work. 


Lastly, experience and awareness surveys were conducted on Stalking Police Officers to find ways to increase the effectiveness of victim protection and support plan by improving the work of field police officers who handle stalking with realistic points. As a results, first, relationship-based stalking occupies the highest proportion in the experience of handling stalking cases and recognizes it as the most difficult stalking to deal with. As for the possibility of high-risk stalking, more than 70% of the respondents answered “stalkers with a criminal history” and “stalkers with a history of drugs and psychiatric treatment”. Regarding relationship-based stalking, the possibility of dating violence leading to stalking damage was also very high, confirming that the response to the relationship-based stalking case is very important. 


In the overall stalking awareness, 77% of the respondents said they needed to active nationwide publicity for stalking crimes, and 80% of respondents expressed concern when asked about their experience with retaliatory crimes and recidivism rates.


Regarding the revision of the Stalking Punishment Act, the majority of respondents said it was necessary to revise, especially to expand the scope of victims, including third parties, and to specify "continuous or repetitive" regulations, which are standards for stalking crimes. The protection measures regulation recognized that emergency measures and immediate emergency measures were less effective, and 57.2% of the total said the "Crime not Punishable against Victim's Will" should be abolished. 


As for the difficulties in protecting and supporting victims, 60% of the respondents said, "heavy workload due to other tasks" and "difficulty of handling case due to seperation of ‘Onsite Police Officer’ work and ‘Stalking Police Officer’ work". In particular, 60% of the respondents said they were psychologically struggling while working on protecting and supporting victims, and 92.3% said they were under strong pressure with work because they were afraid of developing into high-risk cases. 



In the question of ‘what are the important measures to protect and support victims in the event of an incident’, smartwatch payment, 112 reporting system registration, continuous monitoring, and residence patrol were cited. In response to the victim's reason for canceling the report, they responded in the order of ‘fear of retaliation’, ‘unwillingness to punish’, ‘fear of recidivism after punishment, and compassion for the perpetrator. In other words, relationship-based stalking suggested that victims who did not report or cancel should be approached in terms of eliminating fear of recidivism and retaliation. 


As a result of examining the awareness of the Stalking Police Officer in charge of stalking crimes in detail, there was a high level of "initiative in the investigation" and "understanding the characteristics of victims". However, it was found that the connection with related agencies according to the damage situation was not well carried out, and although the importance of seriousness and response to stalking crime was high, it was confirmed that there was a burden on expertise and related work. In-depth analysis results showed that female police officers were more conscious of stalking crimes than men. They had a broad understanding of the risk level for high-risk stalking, and also were more sympathetic to the need for counseling to be focused on victims. 


Finally, as repeated in the previously, the comparative analysis of the dedicated work group and the concurrent work group was conducted because it was confirmed that improvement such as concurrent work, number of cases per person, and psychological burden was required. Naturally, the result was confirmed that the concurrent work police felt statistically significant heavy workload for the victim's passive action and the collection of fines related to the penalty regulations.


It can be understood as an obvious result, but if the victim is passive, information about the victim or the perpetrator can be secured by listening to the story in an active manner, and for these reasons, it should be considered a serious problem that it is interfering with the handling of important stalking cases.


File
  • pdf 첨부파일 22-AB-04 스토킹처벌법 개선방안 및 경찰의 피해자 지원에 관한 연구_내지 최종.pdf (5.45MB / Download:1329) Download
TOP
TOPTOP