독일의 스토킹 처벌 규정의 개정과 그 시사점

The Revision of German criminal law for Stalking and its implications

Legislative situations of each country reflect the unique attributes of the people of the country, such as the judiciary, legal reality, and criminal policy needs. Therefore, it is not desirable that the legislative situation of a certain country is directly reflected in Korea. However, it is not possible to deny that there is a corresponding reason when many countries deal with some crime and social phenomena with common interest. The stalking is in that problem areas. There is no big theory that the stalking and the resulting crimes resulting from the crime in our country have not been regulated by the punishment of the Minor Offenses Act. In this reality, it is highly suggested to us that Germany revised the provisions of Article 238 of the Criminal Code in order to ensure proper punishment and protection of victims because of failure of effective punishment by stalking punishment regulation. The point of view that stalking is no longer approaching the problem of personal affection should disappear. The current Stalking punishment bills which is currently pending in the National Assembly, is not much different from the laws that have been submitted in the past, and it has advantages in the form of special act or individual laws. However, when considering the reality of various special criminal laws that exist now, it would be reasonable to prescribe in the form of special law on punishment of stalking as the next best way. And that the method can be defined in an inductive way from the point of view of the case and action. And considering the intensification or proliferation of the crime after the stalking, it is appropriate to make stalking as crime subject to victim s complaint.