스토킹처벌법 실효성에 대한 일반인의 인식: 스토킹 통념과 법의식의 영향

A Study on the Public’s Perception of the Effectiveness of the Act on the Punishment of Stalking Crime: Influence of Stalking Myths and Legal Consciousness

초록

The Stalking Punishment Act, designed to punish stalking perpetrators and protect victims, took effect on October 21, 2021, but stalking crimes have continued since the law took effect. Fear of stalking is growing and public opinion is raging demanding strong punishment for the perpetrator, but the Stalking Punishment Act is not even properly recognized. In research related to the Stalking Punishment Act, the majority of literature studies on the constituent elements of crime and the victim protection system are conducted, and research on the perception of the Stalking Punishment Act is very insufficient. Therefore, it is time for continuous research to look at the law from various aspects and increase the effectiveness of the law, not just the enactment of the law. This study sought to find out the effectiveness of curbing criminal policies prepared for the punishment of stalking crimes and to confirm the influence of stalking myths and legal consciousness on the perception of legal effectiveness. As a result of the study, it was confirmed that the perception of the effectiveness of the Stalking Punishment Act varies depending on the level of stalking myths and legal consciousness, and it was pointed out as a limitation that various follow-up research data should be accumulated to generalize the conclusion. In revising and educating the Stalking Punishment Act in the future, it is suggested to devise measures to increase the effectiveness of the law in consideration of stalking myths and legal consciousness.

키워드

스토킹처벌법; 억제이론; 엄격성; 스토킹 통념; 법의식; Stalking Punishment Act; deterrence theory; severity of punishment; stalking myths; legal consciousness
제목
스토킹처벌법 실효성에 대한 일반인의 인식: 스토킹 통념과 법의식의 영향
제목 (타언어)
A Study on the Public’s Perception of the Effectiveness of the Act on the Punishment of Stalking Crime: Influence of Stalking Myths and Legal Consciousness
저자
이승희; 이창배
DOI
10.25023/kapsa.20.3.202308.167
발행일
2023-08
저널명
한국치안행정논집
권
20
호
3
페이지
167 ~ 184