The purpose of this Act is to contribute to the promotion of human rights by preventing stalking and by protecting and supporting victims.
The terms used in this Act are defined as follows:
| 2. | The term "stalker" means a person who engages in stalking; |
| 3. | The term "victim" means any person who has suffered direct harm as a result of stalking. |
| Article 3 (Responsibilities of the State) |
| (1) | The State and local governments shall take the following measures to prevent stalking and to protect and support victims: |
| 1. | Establishing and operating a system for reporting stalking; |
| 2. | Conducting investigation, research, education, and publicity to prevent stalking; |
| 3. | Establishing and operating facilities to protect and support victims; |
| 4. | Providing victims with self-reliance support services such as legal aid, housing support, and employment; |
| 5. | Providing counseling, treatment, and recovery programs necessary for physical and mental recovery of victims; |
| 6. | Establishing and operating cooperative systems between relevant agencies to facilitate the protection and support of victims; |
| 7. | Improving relevant statutes or regulations and formulating, implementing, and evaluating various policies to prevent stalking and to protect and support victims; |
| 8. | Preventing personal exposure and establishing protection and support systems to ensure the safety of victims; |
| 9. | Formulating safety measures to protect the personal safety of the employees of institutions and facilities supporting victims. |
| (2) | The State and local governments shall take budgetary measures necessary to fulfill the responsibilities provided in paragraph (1). |
| Article 4 (Fact-Finding Surveys on Stalking) |
| (1) | The Minister of Gender Equality and Family shall conduct a fact-finding survey on stalking every three years and announce the findings thereof, and shall use them as basic data for formulating polices to prevent stalking. |
| (2) | Matters necessary for the details, methods, etc. of a fact-finding survey under paragraph (1) shall be prescribed by Presidential Decree. |
| Article 5 (Stalking Prevention Education) |
| (1) | The heads of State agencies, local governments, schools of each level under the Elementary and Secondary Education Act, and public organizations prescribed by Presidential Decree may provide education necessary to prevent stalking: Provided, That the head of an investigative agency shall conduct necessary education for persons in charge of a case and other persons engaged in the relevant affairs. |
| (3) | The heads of State agencies, the heads of local governments, and the heads of public organizations prescribed by Presidential Decree shall formulate their own stalking prevention guidelines and other measures necessary to devise and implement recurrence prevention measures in the case of a stalking incident. |
| (5) | The Minister of Gender Equality and Family shall develop and distribute the data or programs necessary for the education referred to in paragraph (1). |
| (6) | Matters to be included in the recurrence prevention measures referred to in paragraph (3) shall be prescribed by Presidential Decree. |
| Article 6 (Prohibition of Disadvantageous Measures against Victims) |
| (1) | No employer of a victim or of a person who has reported the fact of stalking shall take any of the following disadvantageous measures against the victim or the person who has reported the fact of stalking, on the grounds of damage caused by stalking or of reporting such fact: |
| 1. | Dismissal, release from office, discharge, or other disadvantageous measures equivalent to the loss of status; |
| 2. | Disciplinary action, suspension from office, reduction of salary, demotion, promotion restrictions, or any other unfair personnel action; |
| 3. | Change of position, transference, assigning no duty, reassigning a duty, or any other personnel action against the intention of such employee; |
| 4. | Discrimination in performance evaluations or peer review, or differential payment of wages, bonuses, etc. following such discrimination; |
| 5. | Restricting self-development opportunities such as education, training, etc.; limiting or removing available resources such as budget, human resources, etc.; suspending the use of security information or confidential information, or revoking the authority for handling such information; or any other discrimination or measures with adverse impacts on working conditions, etc.; |
| 6. | Preparing a list of persons requiring attention or disclosing such list, committing acts that cause mental or physical harm, such as bullying, assault, and verbal abuse, or neglecting an occurrence of such acts; |
| 7. | Conducting an unfair audit or investigation of duties, or disclosing the findings thereof; |
| 8. | Other disadvantageous measures against the intention of the employee. |
| (2) | An employer of a victim may, if requested by the victim, take appropriate measures such as change of business contact details and place of work and a change of posting. |
| Article 7 (Assistance in School Enrollment) |
| (1) | Where a victim or any of his or her family members (hereinafter referred to as "victim, etc.") is a student of a school of each level under the Elementary and Secondary Education Act and needs to enroll in school (including admission, re-admission, transfer, and transfer admission to a school) in an area outside his or her place of domicile, the State or a local government shall provide support to ensure a smooth school enrollment. |
| (2) | Matters necessary for supporting school enrollment under paragraph (1) shall be prescribed by Presidential Decree. |
| Article 8 (Establishment of Supporting Facilities) |
| (1) | The State or a local government may establish and operate supporting facilities for victims (hereinafter referred to as "supporting facility") to protect and support victims, etc. and to effectively prevent damage. |
| (2) | The Minister of Gender Equality and Family may entrust an institution or organization prescribed by Presidential Decree with affairs of establishing and operating a supporting facility. |
| (3) | Where the Minister of Gender Equality and Family or the head of a local government entrusts the affairs of establishing and operating a supporting facility pursuant to paragraph (2), he or she may provide subsidies to cover necessary expenses. |
| (4) | Matters necessary for the criteria, etc. for establishing and operating a supporting facility defined in paragraph (1) shall be prescribed by Presidential Decree. |
| Article 9 (Affairs of Supporting Facilities) |
A supporting facility shall conduct the following affairs:
| 1. | Receiving reports on stalking and providing counseling related thereto; |
| 2. | Supporting victims, etc. to regain physical and mental stability and to return to daily life; |
| 3. | Providing protection, temporary shelter, and room and board for victims, etc.; |
| 4. | Providing vocational training and job information; |
| 5. | Providing medical assistance to victims, etc., such as handing them over to medical institutions, for the treatment of illness and health care; |
| 6. | Requesting necessary cooperation and assistance from the Korea Legal Aid Corporation under Article 8 of the Legal Aid Act and other relevant agencies in relation to judicial settlement procedures for lodging complaints against stalkers, seeking damages, etc.; |
| 7. | Providing assistance necessary in investigation and trial procedures; |
| 8. | Conducting publicity and education to prevent stalking; |
| 9. | Conducting surveys and research on stalking and damage from stalking; |
| 10. | Conducting affairs entrusted to the supporting facility under other statutes; |
| 11. | Other affairs prescribed by Presidential Decree as necessary to protect and support victims, etc. |
| Article 10 (Qualifications for Employees) |
| (1) | None of the following persons shall be appointed as the head or an employee of a supporting facility: |
| 1. | A minor, a person under adult guardianship, or a person under limited guardianship; |
| 2. | A person in whose case imprisonment without labor or heavier punishment as declared by a court has not been completely executed (including cases where such execution is deemed to have been completed) or exempted; |
| 3. | A person who is under suspension of the execution of his or her imprisonment without labor or heavier punishment declared by a court; |
| (2) | Any person who intends to work for a supporting facility shall meet the qualifications prescribed by Presidential Decree, such as expert knowledge and work experience. |
| Article 11 (Implementation of Education) |
| (1) | The Minister of Gender Equality and Family or the head of a local government shall implement education necessary to improve the qualities of the employees of supporting facilities. |
| (2) | The Minister of Gender Equality and Family or the head of a local government may have a specialized institution prescribed by Presidential Decree conduct affairs pertaining to education provided in paragraph (1). |
| (3) | Matters necessary for the time, methods, contents, etc. of education under paragraph (1) shall be prescribed by Presidential Decree. |
| Article 12 (Duties to Respect Intentions of Victims, etc.) |
The head and employees of a supporting facility shall be prohibited from performing the affairs provided in Article 9 against the intention clearly expressed by the victims, etc.
| Article 13 (Cooperation from Police Agencies) |
| (1) | When it is necessary to urgently rescue a victim, etc. from a stalker, the head of a supporting facility may request the head of a police agency (including a patrol division, police substation, or police branch office) to accompany an employee under his or her jurisdiction. |
| (2) | The head of the competent police agency in receipt of a request under paragraph (1) shall comply therewith unless there is a compelling reason not to do so. |
| Article 14 (Dispatch of Judicial Police Officers to Scene) |
| (1) | Upon receipt of a report on stalking, judicial police officers shall proceed without delay to the reported scene. |
| (2) | A judicial police officer who proceeds to the scene under paragraph (1) may enter the reported scene or relevant places to investigate relevant persons or ask them questions for the investigation of the case. |
| (3) | A judicial police officer entering a place to conduct an investigation or ask questions under paragraph (2) shall carry identification verifying his or her authority and present it to relevant persons. |
| (4) | A judicial police officer conducting an investigation or asking questions under paragraph (2) shall take necessary measures, including separating victims, reporting persons, witnesses, etc. from the stalker for the purpose of investigation so that they can freely make statements. |
| (5) | No person shall refuse a site investigation conducted by a judicial police officer under paragraph (2) or otherwise interfere with the performance of his or her duties without good cause. |
| Article 17 (Duty of Confidentiality) |
No current or former head or employee of a supporting facility shall divulge any confidential information he or she has learned in the course of performing his or her duties.
| Article 16 (Penalty Provisions) |
| (1) | A person who takes disadvantageous measures against a reporting person or a victim, in violation of Article 6 (1), shall be punished by imprisonment with labor for up to three years or by a fine not exceeding 30 million won. |
| (2) | A person who breaches the duty of confidentiality under Article 15 shall be punished by imprisonment with labor for up to one year or by a fine not exceeding 10 million won. |
| Article 17 (Joint Penalty Provisions) |
If a representative of a corporation, or an agent, servant, or other employee of a corporation or individual, commits a violation set forth in Article 16 in relation to the business of the corporation or individual, not only shall such violator be punished, but the corporation or individual shall also be punished by a fine under the relevant provision: Provided, That this shall not apply where the corporation or individual has not been negligent in giving due attention and supervision concerning the business to prevent such violation.
| Article 18 (Administrative Fines) |
| (1) | Any person who interferes with the performance of the duties of a judicial police officer without good cause, in violation of Article 14 (5), shall be subject to an administrative fine not exceeding 10 million won. |
| (2) | Administrative fines under paragraph (1) shall be imposed and collected by the Minister of Gender Equality and Family or the head of a local government, as prescribed by Presidential Decree. |
ADDENDUM <Act No. 19216, Jan. 17, 2023>
This Act shall enter into force six months after the date of its promulgation.