Experts Urge Legal Reform as Online Stalking Surges in South Korea (Image created by ChatGPT)
Experts call for stronger protections as digital surveillance expands beyond physical boundaries
SEOUL, August 5 (Korea Bizwire) — As digital technologies reshape the nature of personal relationships, experts are warning that South Korea’s legal system is falling behind in protecting victims of online stalking—an increasingly pervasive form of tech-enabled coercive control.
In a recent paper published by the Korean Women’s Development Institute, Bae Seong-shin, Gender Equality Officer at the Supreme Prosecutors’ Office, argues that advancements in smartphones and social media have enabled stalkers to monitor and manipulate victims in deeply intrusive ways—often without ever coming into physical contact.
Online stalking, as outlined in the study, includes the installation of spyware on victims’ devices, real-time GPS tracking, persistent harassment via email or social media, and unauthorized theft or distribution of private data or intimate images. These tactics allow perpetrators to exert constant control, often with devastating psychological effects.
“Unlike conventional physical stalking, tech-mediated stalking exerts a powerful form of control without direct contact, leaving victims feeling trapped in what one might call an ‘invisible prison,’” Bae writes.
Ulsan stalking attempted murder suspect arrest warrant review. (Image courtesy of Yonhap)
Australia has classified this behavior as “coercive control,” particularly when used by intimate partners, and emphasized its recognition as a key feature of domestic abuse. A national survey in Australia found that two out of five women reported experiencing partner-instigated surveillance or digital intimidation.
South Korea, despite having the world’s highest smartphone penetration rate, lacks comprehensive legal definitions and public awareness around online stalking. There are no official statistics tracking such crimes, and current legal frameworks struggle to categorize tech-enabled stalking under existing laws.
A Ministry of Gender Equality and Family official acknowledged the absence of relevant data, noting that integrating online stalking into national crime statistics could take years due to system overhauls.
An analysis of 17 court rulings involving digital stalking revealed that current legislation, including the Stalking Punishment Act and the Location Information Act, treats incidents like GPS tracking as violations of privacy law rather than as stalking, thereby limiting potential legal consequences for perpetrators.
Bae concludes that without substantial reform, South Korea’s legal system cannot offer effective protection. “We must shift our understanding of tech-based control from being an interpersonal issue to a structural form of gender-based violence,” she writes. “Revising the Stalking Punishment Act to reflect the realities of coercive digital control is essential to ensure meaningful protection for victims.”
Lina Jang (linajang@koreabizwire.com)
