스토킹 행위에 대한 형사법적 대응과 그 한계-스토킹 행위의 유형화와 법률적 대응방법의 다양화를 중심으로-

• 영문명: Stalking Control Strategy and the Limits of the Criminal Law
• 발행기관: 한국형사정책학회
• 저자명: 이건호(Lee Kun Ho)
• 간행물 정보: 『형사정책』형사정책 제16권 제2호, 121~163쪽, 전체 43쪽
• 주제분류: 사회과학 > 정책학
• 파일형태: PDF
• 발행일자: 2004.12.01

영문 초록

In '90s the stalking(or harassment) became increasingly the epidemic phenomenon. The stalking had long history in the criminal justice systems of western countries. But it has remained without being noticed by the social scientists and psychiatrists for a long while since 19th century. The tragic death of Rebecca Schaeffer called the mass media's attention and the stalking became a plague in 21st century. Many stalking cases are relatively trivial, while others end in rape, brutal assault, or murder. The parliaments of many countries made the anti-stalking laws for fighting stalker and harassment. In many states of the USA some anti-stalking legislations were struck down by the supreme courts because of its breach of constitutional law. Some failure of anti-stalking legislations are thought to be rooted in its traditional perspective of penal laws. The penal law usually places its focus on the infringement of individuals rights which took place in past. The penal law requires some illegal action and actual bodily harms as a contents of criminal behavior. However the stalking behaviour or harassment has the various contents including some legal action and trivial mischief. In many cases stalking behavior has no actual harm from the perspective of others, but it could amount to very serious psychiatric harm. Traditional perspective of criminal justice system can no longer faces the new type of criminal behavior. In order to combat against the stalking behavior the law enforcement and criminal justice system needs some scientific perspectives obtained from the recent sociological empirical research and psychological analysises. Recent psychological researches show the typology of stalking, behavior which focuses on history between the stalkers and his victims. Some psychological researches emphasize the various management methods according to the typologies of stalkers and stalking victims. The law enforcement system must introduce the various management methods according to the typology in its legislations and its enforcement.

목차

Ⅰ. 스토킹 행위의 의미와 스토킹 문제의 등장

Ⅱ. 스토킹의 개념규정과 법률적 개념규정의 곤란함

Ⅲ. 스토킹 행위의 유형과 그에 의한 피해

Ⅳ. 스토킹 행위에 대한 형사법의 적용가능성에 대한 검토

Ⅴ. 스토킹 행위 규제를 위한 외국 입법례에 대한 검토

Ⅵ. 스토킹 방지법안에 대한 비판적 검토

Ⅶ. 스토킹 행위의 형사법적 규제를 위한 제언

참고문헌

ABSTRACT