스토킹처벌법상 피해자보호명령 도입에 관한 비교법적 연구

Abstract

Despite the introduction of the Stalking Punishment Act, it has been pointed out that it is insufficient for the actual protection of victims. Accordingly, the National Assembly is making quick moves to protect victims. One of the most important legislative activities is the introduction of a stalking protection order. Currently, nearly 10 amendments contain the introduction of stalking protection orders. This legislative movement itself can be said to be positive. This is because, due to the nature of stalking that shows continuity and repetitiveness, the current law alone is not suitable for victim protection, and there are many examples of legislation of other countries that have stalking protection orders. Furthermore, the Act On Special Cases Concerning The Punishment Of Crimes Of Domestic Violence has already introduced a protection order against domestic violence, so introducing a stalking protection order under the Stalking Punishment Act can't be said to be unreasonable legislation that does not suit our law system. However, the above amendments have several problems. As a result, this article draws implications by examining Stalking-related protection orders in the US, UK, and Taiwan, and then proposes specific legislative plans as follows. First, the revision of applicant regulations, second, the stipulation of matters necessary for filing a stalking protection order in Stalking Punishment Act, and the exemption of trial costs when applying for a stalking protection order, third, protection of victim privacy in the hearing process, fourth, the validity period of the stalking protection order should be up to three years, and fifth, the individual measures that can be taken in the stalking protection order should be more diversified, and it should be possible to set different validity periods for each individual measure.