스토킹처벌법 정부(법무부) 개정안 통과에 따른 쟁점 연구

Abstract

This study addresses issues regarding Act on the Punishment of Stalking Crimes(hereinafter referred to as the Stalking Punishment Act) that need to be considered once again even though the it has been passed as a government(Ministry of Justice) amendment. Although the Ministry of Justice’s amendment to the Stalking Punishment Act reflected the practical problems very well, the Delphi survey of the field and experts show that there are areas still need to be considered. As a result of the Delphi survey, it was found that there was no consensus on the abolition of Crime not Punishable against Victim's Will and the implementation of the Electronic Monitoring System, so even after the amendment, complementary institutional changes are required. Moreover, it is necessary for additional supplementation in order for handling stalking crimes and support and safety measures for victims to be carried out well. Therefore, through the results of the analysis, this study aims to identify the factors required for better handling stalking crimes and support and safety measures for victims, and to provide relevant recommendations so that each factor can be reflected in real world. To achieve the research objectives, this study conducted a regression analysis to examine the reasons for the lack of consensus on the two key words(Crime not Punishable against Victim's Will and Electronic Monitoring System) that were not agreed upon in the Delphi survey, and to identify factors that may affect the handling of stalking crimes and victim support with safety measures, limited to improving the work of stalling police officers. The regression analysis showed that the variables that had a negative impact on recommending punishment to unpunished victims were police experience (the longer the police career), heavy workload, and difficulty in dealing with passive victims. This result, with a model explanatory power of 43.6%, suggests that the police should consider reassigning personnel, work improvement, and an alternative to the avoidance of reporting of passive stalking victims due to the abolition of the Crime not Punishable against Victim's Will. Implications and specific policy recommendations will be discussed based on the analysis results.