NEWS
2026.04.07
Partner Choi, “Expanded Victim Protection…Effectiveness Remains Key”
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The amended Stalking Punishment Act, which allows victims to directly request court-issued protective measures such as restraining orders, has passed the National Assembly plenary session. This amendment is significant in that it supplements the previous system—where victim protection largely depended on investigative authorities—and establishes a procedural framework enabling victims to actively seek protection on their own. In particular, if investigative authorities decide not to request provisional measures, victims are now permitted to file for a protection order directly with the court within a prescribed period.
In this regard, Choi Shin-young, Partner Attorney at C&K Law Firm, commented through media coverage on both the significance and limitations of the amendment. She noted that allowing victims to directly apply for restraining orders provides a renewed opportunity for protection in cases where provisional measures were previously blocked by the discretion of investigative agencies. This represents a meaningful step toward addressing gaps in victim protection.
However, Choi also emphasized that further improvements are necessary to ensure the practical effectiveness of the system. She pointed out that without mechanisms for rapid emergency response and strong enforcement of protective orders, the actual protective impact may remain limited. While the amendment marks an important institutional advancement, she highlighted the need for continued legislative and practical efforts to ensure that these measures function effectively in real-world situations. (머니투데이 26. 04. 01)