You may need a consultation if
- You contacted your ex a few times after breaking up and were reported for stalking
- The court issued a provisional measure ordering no approach and no contact
- The police notified you of a 100-meter no-approach order as an emergency measure
- Calling and visiting several times to get back money you lent has become a problem
- You were accused of stalking for knocking on the wall over noise between floors
- During a provisional measure, the other person contacted you first and you replied
Relevant Laws
Act on the Punishment of Stalking Crimes (스토킹범죄의 처벌 등에 관한 법률) Article 2 (Definitions)
A stalking act is causing anxiety or fear, against the other person's will and without a legitimate reason, by approaching or following them, waiting or watching near their home or workplace, or sending words or messages by phone, text or messenger, among other acts. Doing this continuously or repeatedly is a stalking crime.
Article 18 of the same Act (Stalking Crimes)
A stalking crime is punished by up to 3 years' imprisonment or a fine of up to KRW 30 million; if a weapon or other dangerous object is carried or used, by up to 5 years' imprisonment or a fine of up to KRW 50 million. The provision barring prosecution against the victim's wishes was deleted by the amendment of July 11, 2023.
Articles 9 and 20 of the same Act (Provisional Measures and Penalties for Violation)
The court can order a written warning, no approach within 100 meters, no approach by telecommunications, attachment of an electronic location-tracking device, or confinement in a police holding cell or detention center. Failing to comply with a provisional measure banning approach or contact is punished by up to 2 years' imprisonment or a fine of up to KRW 20 million.
Statutes are summarized. The official Korean text is available at the Korea Law Information Center (law.go.kr).
Measures Issued in Stalking Cases
Emergency measure (no approach within 100 meters, no approach by telecommunications)
- Decided by
- Judicial police officer, with a judge's approval afterward
- Period
- Up to 1 month
- If violated
- Up to 1 year's imprisonment or a fine of up to KRW 10 million
Provisional measures No. 2 and 3 (no approach, no approach by telecommunications)
- Decided by
- Court
- Period
- Up to 3 months, extendable twice by 3 months each
- If violated
- Up to 2 years' imprisonment or a fine of up to KRW 20 million
Provisional measure No. 3-2 (electronic location-tracking device)
- Decided by
- Court
- Period
- Up to 3 months, extendable twice by 3 months each
- If violated
- Impairing the device: up to 3 years' imprisonment or a fine of up to KRW 30 million
Provisional measure No. 4 (confinement in a police holding cell or detention center)
- Decided by
- Court
- Period
- Up to 1 month
- If violated
- -
| Measure | Decided by | Period | If violated |
|---|---|---|---|
| Emergency measure (no approach within 100 meters, no approach by telecommunications) | Judicial police officer, with a judge's approval afterward | Up to 1 month | Up to 1 year's imprisonment or a fine of up to KRW 10 million |
| Provisional measures No. 2 and 3 (no approach, no approach by telecommunications) | Court | Up to 3 months, extendable twice by 3 months each | Up to 2 years' imprisonment or a fine of up to KRW 20 million |
| Provisional measure No. 3-2 (electronic location-tracking device) | Court | Up to 3 months, extendable twice by 3 months each | Impairing the device: up to 3 years' imprisonment or a fine of up to KRW 30 million |
| Provisional measure No. 4 (confinement in a police holding cell or detention center) | Court | Up to 1 month | - |
Act on the Punishment of Stalking Crimes Articles 4, 5, 9 and 20. Based on current laws on the National Law Information Center (국가법령정보센터, the government's official law database) as of October 2026.
One or two contacts are viewed differently from repeated contact
What is punished is carrying out stalking acts continuously or repeatedly. Courts hold that if the conduct, viewed objectively and generally, is enough to cause the other person anxiety or fear, it is a stalking act regardless of whether the person actually felt that way (Supreme Court Decision 2023도6411, September 27, 2023).
A case of repeatedly banging on walls and ceilings over noise between floors was also found to be a stalking crime (Supreme Court Decision 2023도10313, December 14, 2023). Even if the purpose was to get money back or solve a problem, it is hard to be recognized as a legitimate reason if the method went beyond what society considers reasonable.
A provisional measure is not a finding of guilt, but violating it creates a new case
Texts to apologize, messages offering to return belongings, passing on words through acquaintances, messages from new accounts and social media comments can all be treated as prohibited approaches. Even if the other person contacts you first, don't reply; take screenshots of what they sent.
If the decision violates the law, involves a serious factual error or is clearly unjust, you can appeal within 7 days of being notified (Article 12), and if circumstances change, you can apply to have it cancelled or changed (Article 11). A provisional measure (잠정조치) loses effect if the prosecutor decides not to indict.
A settlement affects the outcome and sentence rather than whether you are punished
You can be indicted even with a statement of no wish to punish (처벌불원서), but a settlement with the victim is an important factor in deciding on a suspended indictment (기소유예) or the sentence. If approach and contact are prohibited, do not try to settle directly; find a way through a lawyer or the investigators.
If you are found guilty, an order to attend classes or complete a stalking treatment program of up to 200 hours may also be imposed (Article 19). If you start counseling or treatment in advance, those records become materials showing efforts to prevent a recurrence.
Factors That Affect the Outcome and Sentence
Factors that work against you
- · Kept contacting them with new numbers or accounts after being blocked
- · Went to their home or workplace and waited
- · Violated an emergency measure or provisional measure
- · Carried a weapon or made threats as well
Factors that work in your favor
- · Few contacts over a short period, then stopped
- · Had a reason to contact them, such as a debt, and the method was not excessive
- · A settlement with the victim and steps to prevent a recurrence, such as moving or deleting their contact details
- · Taking part in counseling or a treatment program
How Jisan Law's Criminal Law Center Responds
- 1
Checking the decision and notices
We check whether it is an emergency measure or a provisional measure, who and where is covered and for how long, and set out exactly what you must comply with.
- 2
Organizing contact records
We put messages sent and received in date order so the number of contacts and the circumstances can be shown objectively.
- 3
Mock questioning and sitting in
We practice in advance for questions about why and how often you made contact, and go into the questioning with you.
- 4
Challenges and written opinion
If there is something to dispute in the decision, we consider an appeal or an application to cancel or change it within 7 days, and submit a written opinion disputing whether there was a legitimate reason or repetition.
- 5
Sentencing materials
If indictment is expected, we organize counseling records, materials on preventing a recurrence and the progress of settlement.
Lawyers handling these cases
Hansol Kim Managing Partner
Former prosecutor at the Incheon District Prosecutors' Office, the Ansan Branch of the Suwon District Prosecutors' Office and the Hongseong Branch of the Daejeon District Prosecutors' Office
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Bonwoo Koo Managing Partner
Economic criminal cases such as Capital Markets Act violations, investment fraud, embezzlement and breach of trust
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Frequently asked questions
The other person contacted me first. Can't I reply?
A provisional measure prohibits you from contacting or approaching the other person, so even if they contacted you first, replying can be treated as a violation. Don't reply; save what you received.
Can I challenge a provisional measure decision?
You can appeal within 7 days of being notified of the decision. If that period has passed or circumstances have changed, you can apply to the court to have it cancelled or changed.
If I get a settlement agreement, does the case end?
A stalking crime can be prosecuted even if the victim does not want punishment, so a settlement alone does not end the case. However, a settlement is given significant weight in the decision and sentence.
If I've been warned once and then someone else reports me, is it more serious?
If the victim is different, repetition and whether anxiety was caused are assessed separately for each case. However, having been reported several times for similar behavior can count against you when the risk of reoffending is assessed.