스토킹처벌법의 실무상 운용과 보완점

• 영문명: Practical operation and Supplementary points of the Stalking Punishment Law: Focusing on Stalking Interpretation and Interrogation System Operation
• 발행기관: 충북대학교 법학연구소
• 저자명: 박재평
• 간행물 정보: 『법학연구』第34卷 第1號, 87~114쪽, 전체 28쪽
• 주제분류: 법학 > 법학
• 파일형태: PDF
• 발행일자: 2023.06.30

영문 초록

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.

목차

Ⅰ. 서론

Ⅱ. 실체법적 관점 : 스토킹에 대한 실무상 운용과 방향

Ⅲ. 스토킹에 대한 외국의 입법례

Ⅳ. 절차법적 관점 : 잠정조치를 위한 실무상 심문절차 운용과 의회유보

Ⅴ. 결론

키워드

스토킹 스토킹범죄처벌법 잠정조치 법률유보 의회유보 심문제도 Stalking Stalking Punishment Law Interim measures Reservation of law Parliamentary reservation Interrogation System