일본과 한국의 스토킹 규제에 관한 비교법적 고찰


Comparative Legal Study on the stalking reg ulations of Japan’s law and Korea’s


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From Article 10 set forth that guarantees fundamental rights of citizens, the Constitution of our country, and the look into Brandeis (1928) argued, freedom rights is a "the right to be let alone" means rights to comprehensive all civilized men are. However, already beyond the harm to the privacy of others, social behavior and anti-social behavior caused a lot of problems, such as assaults, kidnapping, rape, murder, enough to rise to the coined word 'Sa-Seing fan' at any moment. Result from be a matter of personal problem solved by parties, it may make it more severe. And the measures that can imperative act through during stalking to prevent from another secondary damage is urgent to legislation. Presently The criminal law focusing on punishment for criminal result from behavior. But considered to predict criminal behavior in a particular course, and if there is an infringement of personal legal interest, other sanctions provided is sensible. Not the purpose of punishment is built by a simple punishable misdemeanor, but being limited by a stalking to be unavoidable under the law, in accordance with the principle of minimal violation of the principle of conformity with the principles and needs. Hope that there is a need to establish clear penalties stalking through the introduction of penalties prescribed by the arbitrary judgment of the law enforcement agencies. Looking to the meaning to be established to study ways to effectively sanction against the stalking behavior put Comparative Legal Study of Japan's law and Korea's.


Ⅰ. 서론
 Ⅱ. 스토킹범죄의 규제에 관한 법이론적 고찰
 Ⅲ. 일본 스토킹행위 처벌에 관한 규정의 분석과 평가
 Ⅳ. 한국에서의 스토킹행위 규제입법 전망
 Ⅴ. 결론


  • 이창무 Lee, Chang-Mu. 동국대학교 법과대학 박사과정 수료.


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