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SEOUL METROPOLITAN GOVERNMENT ORDINANCE ON THE PREVENTION OF STALKING AND THE PROTECTION OF VICTIMS OF STALKING, ETC

SEOUL METROPOLITAN GOVERNMENT ORDINANCE ON THE PREVENTION OF STALKING AND THE PROTECTION OF VICTIMS OF STALKING, ETC
Partial Amendment No. 9437, Jan. 03, 2025 Partial Amendment No. 9529, Mar. 27, 2025

Article 1 (Purpose) The purposes of this Ordinance are to prevent stalking under the Act on the Prevention of Stalking and the Protection of Victims, and to prescribe the matters concerning the protection of and support for victims thereof, thereby contributing to the promotion of human rights.


Article 2 (Definition) The definitions of the terms used in this Ordinance shall be as follows: <Amended on Mar. 27, 2025>
1. "Stalking" refers to the act of stalking under subparagraph 1 of Article 2 of the Act on Punishment of the Crime of Stalking, and the crime of stalking under subparagraph 2 of the same Act.
2. "Stalker" refers to a person who engages in stalking.
3. "Victim" refers to a person who is directly victimized by a stalker.
4. "Victim, etc." refers to a victim of stalking or to the victim’s family members.
5. "Secondary victimization" refers to a victim who experiences any of the following:
(a) Psychological, physical, or economic damages sustained throughout the entire process related to the handling of and recovery from a case of stalking, including investigation, trial, protection, treatment, and media coverage;
(b) Damages caused by ostracism by/from a group, violence, verbal abuse, and other acts that cause psychological or physical harm (including damage caused by acts perpetrated through information and communication networks);
(c) Any of the following adverse measures undertaken by an employer (meaning a business owner, person in charge of business management, or any other person who performs duties pertaining to employees on behalf of a business owner) against a person who reports victimization by stalking, etc.:
1) Firing, dismissal, discharge, or any other adverse status-related measure that amounts to a loss of status;
2) Discipline, suspension from work, reduced pay, demotion, restriction on promotion, or other wrongful personnel measure;
3) Transfer, transference, refusal to assign, reassignment, or other personnel measure taken against the employee’s will;
4) Discrimination in performance evaluation, peer evaluation, etc., and any related discriminatory payment of wages, bonuses, etc.;
5) Cancellation of opportunities for professional development such as education or training, restrictions on or removal of available resources such as budget or personnel, suspension of access to secure or confidential information or revocation of access rights, or other discrimination or measure having an adverse effect on work conditions, etc.;
6) Preparation or disclosure of a list of persons under caution, group ostracism, violence, verbal abuse, or other action that may cause psychological or physical harm;
7) Wrongful audit or investigation of work, or the disclosure of such results;
8) Revocation of authorizations, permits, etc., or imposition of other administrative disadvantages;
9) Termination of goods contracts or service contracts, or other measures that may cause economic disadvantage.


Article 3 (Responsibilities of the Mayor) The Seoul Metropolitan City Mayor (hereinafter referred to as the “Mayor”) shall formulate and implement comprehensive policies to prevent stalking and to protect and support the victims thereof, etc., and may provide the necessary administrative and financial support.


Article 4 (Formulation of Implementation Plans) (1) The Mayor shall formulate and implement annual plans for the prevention of stalking and the protection and support of victims.
1. Policies necessary for preventing and preempting stalking;
2. Policies necessary for the protection and support of victims, etc.;
3. Matters concerning education and public communications on stalking and the prevention of stalking;
4. Matters related to raising civic awareness and eliminating stalking;
5. Other matters deemed necessary by the Mayor for the prevention of stalking and the protection and support of victims, etc.;
(2) If the Mayor deems it necessary, the plan under paragraph (1) may be formulated as part of the annual implementation plan for the prevention of violence against women and the policies for the protection and support of victims under Article 5 of the Seoul Metropolitan Government Ordinance on the Prevention of Violence against Women and the Protection and Support Of Victims.
(3) The Mayor may request cooperation from public institutions and other corporations or organizations if necessary to assist with the formulation and implementation of the plan under paragraph (1).


Article 5 (Programs) (1) The Mayor may operate the following programs aimed at preventing stalking and providing protection and support for victims, etc.:
1. Establishment and operation of a system for reporting stalkers and acts of stalking;
2. Matters concerning investigation, research, and development of support policies for preventing stalking;
3. Conduct of education and public communications programs on stalking and the prevention of stalking;
4. Establishment and operation of victim support facilities under Article 8 of the Act on the Prevention of Stalking and the Protection of Victims;
5. Support programs for the provision of legal advice to victims, etc.;
6. Support programs aimed at assisting the self-reliance of victims, etc., such as housing support and employment;
7. Support programs such as psychiatric counseling, treatment, and recovery for victims, etc.;
8. Matters concerning the provision of support in cooperation with public agencies such as the police department, and private organizations such as victim protection organizations regarding support programs for the prevention of stalking and the protection and support of victims, etc.;
9. Programs aimed at establishing systems for preventing the exposure of victims’ identity, and systems for providing support to ensure the safety of victims, etc.;
10. Matters concerning the preparation of safety countermeasures for the protection of support institutions for victims, etc., and facility employees;
11. Other programs necessary for the prevention of stalking and the protection and support of victims, etc.
(2) The Mayor may, within the available budget, subsidize all or a part of the costs necessary for the related corporations and organizations, etc. in order to implement the programs under paragraph (1).


Article 6 (Establishment of a Reporting System) (1) The Mayor may establish and operate a system that allows citizens to report suspected cases of victimization by stalking.
(2) In establishing and operating a reporting system under paragraph (2), the Mayor shall take the measures necessary to prevent additional damage to victims of stalking, etc., when reporting a case of stalking etc..


Article 7 (Prevention Education, Etc.) (1) The Mayor may implement education programs necessary for preventing and preempting stalking.
(2) The Mayor shall prepare necessary countermeasures such as guidelines on the prevention of stalking and the establishment and implementation of countermeasures to prevent its recurrence.
(3) In cooperation with educational institutions, private organizations, the press, and other relevant institutions, the Mayor may produce, distribute, and promote materials on the prevention of stalking and the protection and support of victims, etc.


Article 8 (Establishment and Operation of Support Facilities) (1) The Mayor may establish and operate facilities offering protection and support to victims of stalking and the effective prevention of victimization. <Amended on Mar. 27, 2025>
(2) The support facilities shall perform the following duties: <Added on Mar. 27, 2025>
1. Acceptance and offering of counseling on reports of stalking;
2. Support to promote the physical and psychological stability of victims, etc., and their return to normal life;
3. Therapeutic counseling, legal advice, and medical treatment;
4. Support such as relocation, including admission to a protective facility for the protection of victims, etc.;
5. Education and public communications on the prevention and preemption of stalking;
6. Investigation and research into stalking and victimization;
7. Other duties deemed necessary by the Mayor for the protection and support of victims, etc.
(3) The Mayor shall conduct training necessary to enhance the capabilities of support facility employees.
(4) The heads and employees of support facilities shall not perform their duties if they run counter to the wishes of the victims, etc.


Article 9 (Entrustment of Affairs) (1) To prevent stalking prevention and ensure the effective implementation of protection and support programs for victims, etc., the Mayor may entrust all or a part of the affairs of the programs in the subparagraphs of Article 5 (1) to expert institutions, corporations, or organizations: Provided, however, that affairs concerning the operation of the support facilities under Article 5 (1) 4 and Article 8 may be publicly entrusted to an institution in subparagraph 2 of Article 6 of the Enforcement Decree of the Act on the Prevention of Stalking and the Protection of Victims pursuant to a report of the Seoul Metropolitan Council. <Amended on Jan. 3, 2025>
(2) Deleted<Jan. 3, 2025>
[Moved from Article 11; the former Article 9 has been moved to Article 11 <Mar. 27, 2025>]


Article 10 (Prevention of Secondary Victimization) (1) The Mayor shall prepare countermeasures necessary for the prevention of secondary victimization, such as guidelines on the prevention of secondary victimization and training of the employees concerned.
(2) The Mayor shall take measures to minimize damages that may be caused by any secondary victimization.
[This Article Wholly Amended on Mar. 27, 2025]


Article 11 (Establishment of a Cooperation System) (1) To prevent stalking and provide protection and support for victims, etc., the Mayor may establish a system of cooperation with the central government, Seoul Metropolitan Police, Seoul Office of Education, other local governments, and related corporations, organizations, etc.
(2) The Mayor may conclude work agreements for exchanges of information and cooperation on the establishment of the cooperative system provided under the foregoing paragraph (1).
[Moved from Article 9; the former Article 11 is moved to Article 9 <Mar. 27, 2025>]


Article 12 (Obligation of Confidentiality) Any person currently or formerly engaged in duties concerning the prevention of stalking and the protection of and support for victims of stalking, etc. under this Ordinance shall not divulge any information acquired in the course of performing his or her duties, and shall comply with the relevant provisions of the Personal Information Protection Act.


Article 13 (Enforcement Rule) Matters necessary for the enforcement of this Ordinance shall be determined by the enforcement rules of the Seoul Metropolitan Government.

Addendum <No. 9529, Mar. 27, 2025>
This Ordinance shall enter into force on the date of its promulgation.