Penalties Under the Stalking Punishment Act and Interim Measures

What Is the Stalking Punishment Act

The Act on the Punishment of Stalking Crimes, commonly known as the Stalking Punishment Act (스토킹처벌법), took effect in October 2021. In the past, stalking conduct was treated only as persistent harassment under the Minor Offenses Act and was punished lightly. With the enactment of the Stalking Punishment Act, however, it has become an independent crime that is punished severely, and victim protection systems were established alongside it.

Types of Stalking Conduct

The Stalking Punishment Act defines stalking conduct as engaging in the following acts against the other person's will and without justifiable grounds, thereby causing anxiety or fear. This includes approaching, following, or blocking the path of the other person; waiting for or watching the person near their home, workplace, or school; contacting the person through information and communications networks such as phone calls, text messages, or social media; sending objects to the person or leaving objects near their home; and damaging objects near their home.

When such stalking conduct is carried out persistently or repeatedly, a stalking crime is established. It is important to note that even one or two instances of contact may be punishable if, in light of the surrounding circumstances, they are assessed as part of a persistent or repeated pattern.

Penalties for a Stalking Crime

A person who commits a stalking crime is punished by imprisonment of up to 3 years or a criminal fine of up to KRW 30 million. If the person commits a stalking crime while carrying or using a weapon or other dangerous object, the penalty is aggravated to imprisonment of up to 5 years or a criminal fine of up to KRW 50 million.

In particular, with the amendment of the law in July 2023, the provision making this an offense not prosecutable against the victim's will was repealed, so that punishment is now possible even if the victim does not wish for it. This amendment was made to block secondary contact made under the pretext of reaching a settlement, and the fact that a case is no longer concluded by a settlement alone is a significant change from the past. In addition, sanctions have been further strengthened, such as making it possible to attach an electronic location-tracking device even before a judgment is rendered.

Emergency Measures and Interim Measures

Another feature of the Stalking Punishment Act is its system of staged victim protection measures. Police officers dispatched to the scene may take immediate emergency response measures, and if there is a risk of recurrence, they may, on their own authority, take emergency measures such as a no-contact order prohibiting approach within 100 meters or a no-contact order through telecommunications.

Furthermore, as interim measures (잠정조치), the court may order No. 1 (a written warning), No. 2 (a no-contact order prohibiting approach within 100 meters of the victim or their home, etc.), No. 3 (a no-contact order through telecommunications), and No. 4 (detention in a police holding cell or a detention center). Violating an interim measure is itself subject to criminal punishment, and No. 4 detention is a powerful measure that restricts physical liberty even at the investigation stage.

Points to Watch in Stalking Cases

Even conduct that the person involved considers justified—such as contacting an ex after a romantic relationship ends, or visiting someone to collect a debt—may be charged as stalking if it is repeated against the other person's will. Conversely, from the victim's perspective, it is important to clearly express refusal and to systematically preserve evidence such as contact records, audio recordings, and CCTV footage.

Why You Need the Assistance of a Criminal Defense Attorney

Stalking cases are an area in which the legal principles continue to take shape even after the law's enactment—covering the assessment of whether conduct is persistent or repeated, the existence of justifiable grounds, and how to respond to interim measures. If you are a suspect, you should seek the assistance of a criminal defense attorney from the interim-measure stage; if you are a victim, from the moment you apply for protective measures, so that you can respond systematically throughout the entire process.

Self-Defense: Requirements and Standards Explained

Self-defense means that even when an act would otherwise constitute a crime, no offense is established when the act is a defensive response to a danger threatening oneself or another person nearby. Self-defense is governed by Article 21 of the Korean Criminal Act. Article 21 (Self-Defense) (1) An act performed to defend one's own or another person's legal interest against a present and unjust infringement shall not be punishable where there are reasonable grounds for doing so. (2) Where a defensive act exceeds the proper degree, the punishment may be mitigated or remitted depending on the circumstances. (3) In the case of paragraph (2), where the act was committed out of fear, fright, excitement, or confusion at night or under other unsettling conditions, it shall not be punishable. Requirements for Self-Defense The requirements for self-defense are as follows: there must be an unjust situation of infringement, the infringement must be present, the act must be defensive..

Other Criminal Law May 8, 2025

Negligent Homicide: Elements, Types, Negligence, and Occupational Punishment

What is negligent homicide? Negligent homicide is the crime of causing a person's death through negligence. Article 267 of the Korean Criminal Act, which governs negligent homicide, reads as follows. Article 267 (Negligent Homicide): A person who causes the death of another through negligence shall be punished by imprisonment without labor for not more than 2 years or by a criminal fine not exceeding KRW 7 million. Types of negligent homicide are as follows: negligent homicide, occupational negligent homicide, and gross negligent homicide. Elements of negligent homicide: negligence in negligent homicide is governed by Article 14 of the Korean Criminal Act. The elements of negligent homicide are: 1. a situation caused by negligence; 2. causing the death of a person. Article 14 (Negligence): An act that fails to recognize the facts constituting the elements of a crime due to a failure to exercise the care normally required is punishable only when there is a special provision in the statute. The elements of a negligence offense are: 1. breach of an objective duty of care; 2. the elements constituting the crime..

Other Criminal Law April 22, 2025

Destruction of Property: Types and Elements of the Offense

Destruction of property refers to the act of impairing the utility of another person's property, documents, or special media records such as electromagnetic records by damaging, concealing, or otherwise affecting them. A person who commits destruction of property is subject to imprisonment for up to 3 years or a criminal fine of up to KRW 7 million. Types of destruction of property The types of destruction of property are as follows. Destruction of property, etc.: A person who impairs the utility of another's property, documents, or special media records such as electromagnetic records by damaging, concealing, or other means is subject to imprisonment for up to 3 years or a criminal fine of up to KRW 7 million. Destruction of a structure for public use: A person who destroys a structure used for the public benefit is subject to imprisonment for up to 10 years or a criminal fine of up to KRW 20 million. Aggravated destruction: Where a person commits either of the above two offenses and thereby endangers the life or body of another, the person is subject to imprisonment for not less than 1 year...

Other Criminal Law March 27, 2025

Suspended Sentence (Probation): Requirements, Effects, Criminal Record, Invalidation, and Revocation

What is a suspended sentence? A suspended sentence (probation) is a system in which the court imposes a sentence but delays its execution for a set period; if that period passes without incident, the pronouncement of the sentence loses its effect and the sentence is not carried out. It can be described as a system that opens a path for the defendant to return to society on their own without serving the sentence. For example, if you receive a sentence of 1 year of imprisonment suspended for 2 years, the 1-year prison term is extinguished provided you commit no offense during the 2-year period. The requirements for a suspended sentence are as follows: when imposing a sentence of imprisonment or imprisonment without labor of 3 years or less, or a criminal fine of KRW 5 million or less; grounds worthy of mitigating consideration; and that the offense was not committed within the period running up to 3 years after a judgment imposing imprisonment without labor or a heavier sentence became final and its execution was completed or remitted. The sentencing threshold for a suspended sentence is 3 years or..

Other Criminal Law January 22, 2025