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ENFORCEMENT DECREE OF THE ACT ON PUNISHMENT OF CRIME OF STALKING

Presidential Decree No. 31866, Jul. 6, 2021

 Article 1 (Purpose)
The purpose of this Decree is to prescribe matters mandated by the Act on Punishment of Crime of Stalking and matters necessary for the enforcement thereof.
 Article 2 (Formulation of Policy Measures for Preventing Recidivism of Stalking Offenders)
The Minister of Justice shall formulate policy measures to prevent the recidivism of stalking offenders, including the development of programs necessary for the implementation of the order to attend an educational program and the order to complete a stalking treatment program under Article 19 (1) of the Act on Punishment of Crime of Stalking (hereinafter referred to as "Act") and training of related professionals.
 Article 3 (Processing of Sensitive Information and Personally Identifiable Information)
(1) If unavoidable to perform the following duties (including duties incidental to the performance of such duties), a public prosecutor or judicial police officer may process information on health and sex life under Article 23 of the Personal Information Protection Act, DNA information under subparagraph 1 of Article 18 of the Enforcement Decree of that Act, information that constitutes a criminal history record under subparagraph 2 of that Article, and data containing a resident registration number, passport number, driver's license number, or alien registration number under Article 19 of that Decree:
1. Duties related to emergency measures under Article 3 of the Act;
2. Duties related to urgent emergency measures under Article 4 of the Act;
3. Duties related to application and request for approval for urgent emergency measures under Article 5 of the Act;
4. Duties related to change of urgent emergency measures under Article 7 of the Act;
5. Duties related to application and request for provisional measures under Article 8 of the Act;
6. Duties related to request for change, etc. of provisional measures under Article 11 (2) of the Act;
7. Duties related to complaints or further complaints under Article 12 or Article 15 of the Act.
(2) If unavoidable to perform duties related to the notification and informing of urgent emergency measures under Article 6 of the Act (including duties incidental to the performance of such duties), a judicial police officer may process data containing a resident registration number, passport number, driver's license number, or alien registration number under Article 19 of the Enforcement Decree of the Personal Information Protection Act.
(3) If unavoidable to perform duties related to enforcement of the order to attend an educational program and the order to complete a stalking treatment program under Article 19 of the Act (including duties incidental to the performance of such duties), the head of a probation office, the head of a correctional facility, or a probation officer may process information on health under Article 23 of the Personal Information Protection Act, information that constitutes a criminal history record under subparagraph 2 of Article 18 of the Enforcement Decree of that Act, and data containing a resident registration number, passport number, driver's license number, or alien registration number under Article 19 of that Decree.
 Article 4 (Criteria for Imposition of Administrative Fines)
The criteria for imposing administrative fines under Article 21 (1) and (2) of the Act shall be as specified in the attached Table.
ADDENDUM <Presidential Decree No. 31866, Jul. 6, 2021>
This Decree shall enter into force on October 21, 2021.