Police expand stalking law to combat dating violence

In the wake of recent high-profile dating homicide cases, police will actively apply the anti-stalking law to violence between intimate partners. The law allows prosecution without the victim’s consent, enabling faster protection and separation for victims in cases that previously fell through legal gaps. The National Police Agency announced on Aug. 10 that it has distributed a new “comprehensive dating violence response manual” nationwide.

Previously, dating violence was often prosecuted under crimes such as assault or injury that required the victim’s agreement to proceed. If a victim said they were still in a relationship or did not want charges, police intervention was limited. While reports of dating violence rose from 36,267 in 2017 to 88,394 last year, a 2.4-fold increase, arrests rose only 43.6 percent, from 10,236 to 14,700, during the same period. The National Assembly Research Service cited victims’ reluctance to press charges as a cause.

The manual outlines cases such as one involving “A” and “B,” whose violent disputes led to more than 10 police calls. The victim refused charges each time, preventing separation of the perpetrator. Under the new approach, the anti-stalking law will be applied because its consent clause was abolished in 2023, allowing prosecution regardless of victim intent. A 112 call for assault will be treated as an “unwanted approach,” enabling emergency orders such as a 100-meter or telecommunications contact ban to be issued immediately by police.

Cases in Daejeon last month and Geoje in April last year showed similar patterns, with multiple reports, no separation due to victim refusal, and eventual homicide. Under the new rules, repeated reports themselves will be grounds for early intervention.

Police also plan to charge related crimes common in dating violence cases, including habitual assault, unauthorized access to a partner’s phone, and threats with dangerous items, regardless of the victim’s wishes. Even verbal arguments and counseling without physical violence will now be coded as dating violence to track and prevent escalation.

Alongside immediate implementation, police will seek legislative changes to allow them to request court restraining orders directly, without going through prosecutors. The move follows a stalking murder case in Uijeongbu on July 26, where prosecutors rejected a police request for a restraining order despite three prior reports.

Experts welcomed the revision but urged stronger physical separation measures. Last year, only 1.9 percent of dating violence arrestees were detained. Kim Su-jeong, head of the counseling center at Korea Women’s Hotline, said that 100-meter approach bans are often ineffective and that more aggressive detention measures are needed.


전남혁 기자 forward@donga.com