No. 152 / Jun 7, 2021
On March 23, a mother and her two daughters were killed in Nowon-gu, Seoul. The murder suspect was later identified as Kim Tae-hyun. When Jeong, one of the victims, refused to go on a date with him, Kim disguised himself as a quick service delivery man and broke into her home. There, he killed her, her sister, and their mother. The controversial incident raised public awareness about stalking and was met with calls for stronger punishments for the act.
Kim and Jeong first met online, through a game called League of Legends (LoL). They subsequently met three more times in person. Thereafter, Kim repeatedly asked Jeong for a date and stalked her as she refused him for more than three months. The crime was meticulously planned. On the day of the incident, Kim wore black in anticipation of blood spatter and packed an extra pair of pants. He then went to Jeong’s house and in the aforementioned disguise, which induced Jeong’s sister to open the door. He then stabbed her to death. When the mother got home, she was also murdered, followed by Jeong, who arrived and was killed last. The women’s bodies were found when an acquaintance became worried due to lack of communication from Jeong and reported their concern to the police. Kim Tae-hyun’s first trial was scheduled for June 1.
Jeong’s bereaved family posted a national petition, urging punishment for Kim Tae-hyun and stalking crimes in general, on the Blue House petition site. It has been endorsed by many people. The incident also sparked controversy over the level of punishment for stalking crimes. In the meantime, the Stalking Crime Punishment Act passed the National Assembly on March 24. The Stalking Crime Punishment Act was first proposed in 1999 but failed to pass the National Assembly, with only 100,000 won in detention, and fines. Now that the act has passed, stalkers will now be fined up to 30 million won or sentenced to up to three years in prison. In addition, persons who commit stalking crimes while carrying a weapon or dangerous object face a fine of up to 50 million won or up to five years in prison. Before these developments, victim’s reports of such crimes did not elicit appropriate action. Now, the police can request the post-approval of a district court judge after taking measures such as a ban on access within 100 meters.
The introduction of the Stalking Crime Punishment Act presents an opportunity for many to learn about the seriousness of stalking crimes, and the associated punishments have been strengthened. Yet, a loophole still exists. Act has an anti-intention clause which states that the perpetrator cannot be punished if the victim does not want them to be. Thus, the perpetrator may keep in touch with the victim, asking them to indicate that they do not support punitive action. In such cases, victims may be persuaded due to intimidation or fear of retaliation. These anti-intention provisions are sufficient to cause secondary infractions. In addition, there is no basis for continued harassment, and punishment is difficult with one stalk. Moreover, the requirement that police officers, prosecutors, and the court apply for a ban on access to victims presents yet another potential loophole that perpetrators may exploit.
By Kim Jeong-jin, AG Reporter
jjkim5800@ajou.ac.kr
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