You may need a consultation if
- You went as far as the hallway in front of your ex-partner's home and were reported for trespass
- You followed another resident through the shared entrance of an apartment building and were reported
- The shop owner told you to leave, you stayed to complain, and you were booked for refusal to leave
- You opened a lock changed by your separated spouse and entered the home
- As the landlord, you couldn't reach the tenant and went inside to check
Relevant Laws
Criminal Act (형법) Article 319 (Trespass and Refusal to Leave)
Breaking into a person's residence, a managed building, a ship or aircraft, or an occupied room is punished by up to 3 years' imprisonment or a fine of up to KRW 5 million. The same applies to refusing a request to leave such a place, and attempts are also punished (Article 322).
Criminal Act Article 320 (Special Trespass)
Trespass or refusal to leave committed by displaying the force of a group or crowd or while carrying a dangerous object is punished by up to 5 years' imprisonment.
Punishment of Violences, etc. Act (폭력행위 등 처벌에 관한 법률) Article 2(2)1
If two or more people jointly commit trespass or refusal to leave, the penalty set in the Criminal Act is increased by up to one half.
Statutes are summarized. The official Korean text is available at the Korea Law Information Center (law.go.kr).
Shared stairways and hallways count as part of the residence
The Supreme Court holds that elevators, shared stairways and hallways inside multi-unit housing such as apartment buildings are, absent special circumstances, a residence protected by the crime of trespass (Supreme Court Decision 2009도4335, September 10, 2009). This means that even without opening the front door, entering as far as the hallway against the residents' wishes can be a problem.
However, whether access was effectively unrestricted and how the building was managed differ from building to building. Photos showing whether the shared entrance was locked and the security situation help the assessment.
The standard is whether you entered peacefully
Breaking in means entering in a way that disturbs the actual peace the residents enjoy. The Supreme Court held that entering a restaurant in the usual way with the owner's consent is not breaking in, even if the person had another purpose (Supreme Court en banc Decision 2017도18272, March 24, 2022).
Likewise, entering a shared home in the usual way with the consent of a resident who is present is not trespass merely because it is against the wishes of another resident who is away (Supreme Court en banc Decision 2020도12630, September 9, 2021). On the other hand, if you were refused entry or got in secretly, the conclusion is different.
A spouse's home or a rented-out home can also be a problem
In a case where a spouse who lived in the home blocked entry without good reason and the other spouse went in, the Supreme Court did not find trespass (Supreme Court en banc Decision 2020도6085, September 9, 2021). But if you had already moved out and ended living together, the situation is different, and breaking the lock can be a separate problem.
If you rented out a home, the person who actually occupies it is the tenant. Even a landlord can commit trespass by entering without the tenant's consent, so if you need to check, contact them in advance or ask for someone to be present.
Refusal to leave depends on what you did after being asked
Even if you entered legitimately at first, staying after the person in charge clearly asked you to leave is refusal to leave. The issues are who made the request, whether it was clear and how long you stayed afterward.
Factors That Affect the Outcome and Sentence
Factors that work against you
- · Came back after being refused entry
- · Entered secretly at night or damaged a lock
- · Occurred together with other crimes (stalking, assault, etc.)
- · Entered together with several people
Factors that work in your favor
- · A place with open access and a short stay
- · Consent from some residents, or reasons to believe you had it
- · A settlement with the victim and a promise not to come back
- · No criminal record
How Jisan Law's Criminal Law Center Responds
- 1
Checking the place and how you entered
In the consultation, we first check the building's layout, how access was controlled and who opened the door.
- 2
Securing footage and entry records
We check the shared entrance access records and how long CCTV is kept, and secure the footage.
- 3
Mock questioning and sitting in
We practice so you can answer consistently about your purpose and how you entered, and go into the questioning with you.
- 4
Written opinion and settlement
We submit a written opinion arguing it was not breaking in, or in cases you admit, prepare a settlement with the victim and materials on preventing a recurrence.
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
I didn't go inside the home, only up to the front door.
Shared stairways and hallways in multi-unit housing are treated as part of the residence, so going that far against the residents' wishes can be trespass. Circumstances such as whether the shared entrance was open and whether outsiders routinely came in can be disputed.
I went to my ex-partner's door a few times. Is that stalking too?
Waiting or watching near someone's home can be a stalking act, and if it continues or is repeated, it becomes a stalking crime. It is often investigated together with trespass, so stop going there and get advice.
Does a settlement end a trespass case?
Trespass can be prosecuted even if the victim does not want punishment. Even so, a settlement weighs heavily in whether you are indicted and on the sentence.