South Korean Activists Urge For Prosecution of Sex Offenders Even Without Victims’ Consent
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The murder of a 28-year-old female employee of Sindang Subway Station allegedly by her stalker, 31-year-old Jeon Joo Hwan, highlighted a flaw in the law that prohibits the prosecution of offenders without the victims’ consent. Hwan was on trial without detention after the victim pressed charges against him for stalking.
Clamors to remove this regulation to protect stalking victims better have been growing every day. Experts claim that the absence of punishment without victims’ approval allows stalkers to harass the victims into reaching a settlement to end the case faster. Kim Jeong Hye, a researcher from the Korean Women’s Development Institute, explains further.
It is possible that stalkers abuse the regulation and think it is the victims who decide their punishment. That belief makes stalkers approach the victims again and again. They might even grow angry when victims don’t agree to a settlement
— Kim Jeong Hye
The anti-stalking law took effect in October 2021 in South Korea, enabling punishment for stalkers with up to three years in prison. Upon its implementation, stalking reports to the police and the number of arrested stalkers increased fivefold in the first half of 2022.
Before the anti-stalking law took effect, stalking was considered a minor offense. Those found guilty were fined for ₩100,000 KRW (about $70.10 USD). Korean society perceived stalking as part of courtship, such that the police often encouraged victims to settle with their stalkers thinking the victims were merely overreacting to avid wooing.
The police evaluated the Sindang Station murder suspect as “low risk” of posing a threat despite the evidence of contacting the victim more than 350 times. Their basis was the perpetrator’s lack of assault, blackmail, or sexual harassment.
Activists and lawmakers are urging that sex crimes be taken more seriously. The Ministry of Justice promised to abolish the practice of prosecuting criminals based only on the victim’s request. The government also agreed to review more than 2000 stalking cases reported to the police.
Co-Representative of Korea Women’s Hotline, Song Ran Hee, said it was lamentable for the government to lift the flawed regulation only after it had created so many victims.
Policymakers had not done anything about stalking, but they are trying to do something only after several victims lost their lives which infuriated society. This is very regrettable. But doing it now is better than never. So I would encourage them to go for it as soon as they can.
—Song Ran Hee
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