Assessing judicial responses of judges to stalking in South Korea: A focal concerns perspective

Stalking did not attract much attention in South Korea until two homicides motivated by stalking occurred in 2016 and 2021. These two events spurred calls for anti-stalking legislation that would better protect victims. With the passage of the Act on the Punishment of Crime of Stalking in 2021 (the Act), South Korea took an important step forward. However, we have no knowledge of its effectiveness. This study attempts to fill gaps in our knowledge about stalking by focusing on defendants who have been adjudicated and found guilty in the District Court of South Korea. Through the focal concerns theoretical lens, we examine 465 stalking cases adjudicated by the District Court of South Korea to better understand the sentencing outcomes of stalking defendants. The findings suggest District Court judges are equally likely to use incarceration for both idiosyncratic and spatial stalking cases. Several important legal and theoretical considerations will be discussed. • Stalking violence and threats significantly increase incarceration likelihood. • Victim refusal to proceed strongly predicts probation over incarceration. • Public defenders reduce incarceration in spatial but not idiosyncratic stalking. • Prior offenders receive harsher sentences, contradicting salvageability beliefs. • Article 9 violations linked to probation and fewer blended sentences.