Article 1(Purpose) #
The purpose of this Decree is to prescribe matters mandated by the Act on Prevention of Stalking and Protection of Victims and matters necessary for the enforcement thereof.
Article 2(Fact-Finding Surveys on Stalking) #
(1) A fact-finding survey on stalking (hereafter referred to as "fact-finding survey" in this Article) under Article 4 (1) of the Act on Prevention of Stalking and Protection of Victims (hereinafter referred to as the "Act") shall include the following: <Amended on Oct. 1, 2025>
1. Matters regarding the general characteristics of persons subject to survey, such as gender, age, and area of residence;
2. Causes and background of stalking;
3. Types, characteristics and frequency of stalking;
4. Current trends and changes in stalking due to shifts in social environment, such as increased online activities;
5. Other matters deemed necessary by the Minister of Gender Equality and Family to be utilized as basic data for the formulation of policies to prevent stalking.
(2) The Minister of Gender Equality and Family may conduct a fact-finding survey by entrusting it to a research institute, corporation, or organization with expertise in stalking, human resources and equipment. <Amended on Oct. 1, 2025>
Article 3(Stalking Prevention Education) #
(1) "Public organizations prescribed by Presidential Decree" in the main clause of Article 5 (1) of the Act means the following institutions or organizations:
1. Schools under the subparagraphs of Article 2 of the Higher Education Act and schools equivalent thereto established and operated under other statutes or regulations;
2. Institutions and organizations publicly notified by the Minister of Personnel Management as public service-related organizations in the Official Gazette pursuant to Article 3-2 (2) of the Enforcement Decree of the Public Service Ethics Act (excluding institutions and organizations deemed excluded from public service-related organizations pursuant to paragraph (3) of that Article).
(2) "Public organizations prescribed by Presidential Decree" in Article 5 (3) of the Act means the following institutions or organizations:
1. Public enterprises and quasi-governmental institutions under Article 5 of the Act on the Management of Public Institutions;
2. Local public enterprises subject to management evaluation under Article 78 (1) of the Local Public Enterprises Act.
(3) The heads of State agencies, the heads of local governments, and the heads of public organizations under the subparagraphs of paragraph (2) who formulate their own stalking prevention guidelines under Article 5 (3) of the Act may formulate such guidelines by integrating with internal prevention guidelines under Article 5 (1) of the Sexual Violence Prevention and Victims Protection Act and internal prevention guidelines under Article 31 (1) of the Framework Act on Gender Equality.
(4) Recurrence prevention measures under Article 5 (3) of the Act shall include the following:
1. Matters regarding the progress of handling stalking cases and the results of measures taken;
2. Matters regarding stalking prevention measures and provision of education on the prevention of stalking;
3. Matters regarding the prevention of secondary damage, including the prohibition of disadvantageous measures against victims or persons who report on stalking under Article 6 of the Act and the preparation of protective measures, etc.;
4. Other matters necessary to prevent the recurrence of stalking in the relevant agency.
(5) With regard to a stalking case involving sexual harassment under the Sexual Violence Prevention and Victims Protection Act and sexual violence under the Framework Act on Gender Equality, where the head of a State agency, the head of a local government, or the head of a public organization referred to in the subparagraphs of paragraph (2) establishes and implements recurrence prevention measures under Article 5 (3) of the Act, he or she may formulate and implement such measures by integrating with recurrence prevention measures under Article 5 (1) of the Sexual Violence Prevention and Victims Protection Act and recurrence prevention measures under Article 31 (1) of the Framework Act on Gender Equality.
Article 4(Support for Victims for School Enrollment) #
(1) Where a victim or his or her family members (hereinafter referred to as "victim, etc.") is enrolled in school (including admission, re-admission, transfer, and admission by transfer to a school) in an area other than his or her place of domicile pursuant to Article 7 (1) of the Act, the following procedures shall be followed:
1. Elementary schools defined in subparagraph 1 of Article 2 of the Elementary and Secondary Education Act;
(a) Where the guardian of a victim, etc. intends to have the victim, etc. enrolled in an elementary school in an area other than his or her place of domicile, the head of the relevant elementary school shall accept the entrance of the victim, etc.;
(b) Where a victim, etc. is attending an elementary school, the head of the relevant elementary school shall obtain the consent of 1 guardian of the victim, etc. to recommend the transfer of the victim, etc. to the head of the relevant district office of education and the head of the district office of education shall designate a school to be transferred to and have the victim, etc. transferred to that school;
2. Schools of various levels under subparagraphs 2 through 5 of Article 2 of the Elementary and Secondary Education Act;
The heads of schools of various levels shall recommend the head of a district office of education or the superintendent of education to allow victims, etc. to re-admit, transfer, or admit by transfer to another school, and the head of a district office of education or the superintendent of education shall designate and assign a school to be re-admitted, transferred, or admitted by transfer.
(2) In order to protect victims, etc., the heads of schools of various levels under Article 2 of the Elementary and Secondary Education Act, the heads of district offices of education, or the superintendents of education shall manage and supervise to ensure that measures taken under the subparagraphs of paragraph (1) are not disclosed to persons other than persons related to school enrollment.
(3) The period required for school enrollment in accordance with the procedures under paragraph (1) shall be included in the number of days of attendance of victims, etc.
Article 5(Standards for Establishment and Operation of Supporting Facilities for Victims) #
The standards for the establishment and operation of supporting facilities for victims under Article 8 (1) of the Act (hereinafter referred to as "supporting facilities") shall be as specified in Appendix 1.
Article 6(Entrustment of Establishment and Operation of Supporting Facilities) #
"Institutions or organizations prescribed by Presidential Decree" in Article 8 (2) of the Act means the following institutions or organizations:
1. Government-funded institutions;
2. Funded institutions designated and publicly notified under Article 5 of the Act on the Operation of Local Government-Invested or -Funded Institutions;
3. The following corporations or organizations:
(a) Corporations or organizations entrusted with the establishment and operation of an emergency hotline center under Article 4-6 (2) of the Act on the Prevention of Domestic Violence and Protection of Victims;
(b) Corporations or organizations that have reported the establishment and operation of a counseling center related to domestic violence under Article 5 (2) of the Act on the Prevention of Domestic Violence and Protection of Victims;
(c) Corporations or organizations that establish and operate a protection facility for victims of domestic violence under Article 7 (2) of the Act on the Prevention of Domestic Violence and Protection of Victims;
(d) Corporations or organizations that have reported the establishment and operation of a counseling center for victims of sexual violence under Article 10 (2) of the Sexual Violence Prevention and Victims Protection Act;
(e) Corporations or organizations that establish and operate a protection facility for victims of sexual violence under Article 12 (2) of the Sexual Violence Prevention and Victims Protection Act;
4. Corporations or organizations established under Article 32 of the Civil Act or other statutes as a non-profit corporation or organization, the main affairs of which is to prevent stalking and protect victims.
Article 7(Affairs of Supporting Facilities) #
"Affairs prescribed by Presidential Decree" in subparagraph 11 of Article 9 of the Act means cooperation with related facilities to facilitate protection and support for victims, etc.
Article 8(Qualification Standards for Persons Working in Supporting Facilities) #
"Qualification standards prescribed by Presidential Decree, such as specialized knowledge or experience" in Article 10 (2) of the Act means the qualification standards specified in Appendix 2.
Article 9(Provision of Education) #
(1) Education under Article 11 (1) of the Act shall be provided for the heads and counselors of supporting facilities for not less than 8 hours but not more than 20 hours a year. In such cases, education may be provided by means of collective education, online lectures, etc.
(2) Education under paragraph (1) shall include the following: <Amended on Oct. 1, 2025>
1. Types, characteristics, and major details of stalking;
2. Understanding of statutes and regulations related to stalking;
3. Support systems, such as medical services, residential housing, and legal counseling, for victims;
4. Matters regarding the integration and connection of support for victims, etc. under the Sexual Violence Prevention and Victims Protection Act and the Framework Act on Gender Equality, and other relevant statutes and regulations;
5. Matters regarding the physical and psychological characteristics of victims, etc. and counseling for them;
6. Other matters the Minister of Gender Equality and Family deems necessary for protecting and supporting victims, etc.
(3) "Specialized institution prescribed by Presidential Decree" in Article 11 (2) of the Act means the Women's Human Rights Institute of Korea under Article 46-2 of the Framework Act on Gender Equality.
Article 10(Management of sensitive information and personally identifiable information) #
(1) The head of a State agency, the head of a local government (where the relevant authority is delegated or entrusted, including a person to whom the relevant authority is delegated or entrusted) or the head of a supporting facility may manage data containing resident registration numbers or alien registration numbers under subparagraph 1 or 4 of Article 19 of the Enforcement Decree of the Personal Information Protection Act, if unavoidable for performing the following business affairs:
1. Business affairs regarding the provision of self-reliance support services such as legal aid, housing support, and employment to victims under Article 3 (1) 4 of the Act;
2. Business affairs regarding assistance in school enrollment under Article 7 of the Act;
3. Business affairs regarding the affairs of supporting facilities under subparagraphs 2 through 7, 9, and 10 of Article 9 of the Act;
4. Business affairs regarding qualification standards for workers, etc. working in supporting facilities under Article 10 and Appendix 2 of this Decree.
(2) The head of a supporting facility may manage data containing information on health under Article 23 of the Personal Information Protection Act, if unavoidable for conducting business affairs regarding medical support under subparagraph 5 of Article 9 of the Act.
Article 11(Re-Examination of Regulation) #
The Minister of Gender Equality and Family shall examine the appropriateness of the following matters every 3 years, counting from January 1, 2024 (referring to the period that ends on the day before the base date of every third year) and shall take measures, such as making improvements: <Amended on Oct. 1, 2025>
1. Standards for the establishment and operation of supporting facilities under Article 5 and Appendix 1;
2. Qualification standards for workers, etc. in supporting facilities under Article 8 and Appendix 2;
3. Hours, methods, and details of education under Article 9.
Article 12(Standards for Imposition of Administrative Fines) #
The standards for imposing administrative fines under Article 18 (1) of the Act shall be as specified in Appendix 3.