스토킹처벌법의 실무상 운용과 보완점

스토킹의 해석과 잠정조치를 위한 심문제도를 중심으로

Stalking crime is a crime that causes severe mental and physical damage to the victim to the extent that normal daily life is difficult. There is a very high possibility that it can develop into a violent crime that threatens the body or life. Korea's stalking punishment law distinguishes and stipulates the stalking act and the stalking crime under the premise of prompt and preliminary prevention of the victim, and has provisions to take certain temporary measures against the stalker. From the viewpoint of victim protection against stalking, more flexible legislation and interpretation are required, and similar trends are observed in other countries' legislation. From a procedural aspect, provisional measures operated to protect victims are considered administrative action (police action) or quasi-judicial action, which must consider not only legitimacy but also purpose. So we need to operate more carefully. Nevertheless, even though there is no interrogation system in the stalking punishment law, setting up an interrogation system as an internal regulation, not a law, is contrary to the reservation principle of the law called the reservation of the National Assembly. If necessary, it is reasonable to review the introduction of the system through legislation through a resolution by the National Assembly.