What to do right now
Even if it isn't urgent, start keeping records today. If you try to recall everything at once later, the dates and order become blurred.
- If you feel in danger, call 112 (the police emergency number) right away. Police will stop stalking that is in progress on the spot
- Before blocking the number, take screenshots of texts, KakaoTalk messages and call logs received
- Note the dates, times and places they came, and save footage from your door camera or dashcam
- Tell your child's school or your workplace about the situation and ask them to contact you if a stranger shows up
- Ask your spouse to cut off contact with the affair partner and to hand over any messages they received
What not to do
- Meeting them in person to have it out
- Replying with insults or lines like "You'll regret this"
- Going to the affair partner's home or workplace in return
- Posting public warnings in comments on the affair partner's social media
- Paying money to make it quietly go away (once you pay, more demands may follow)
How to keep records
Stalking (스토킹) requires showing repetition, so the record gains strength as each incident is added. Note briefly, on the same day, the date, time, method, content and how threatened you felt.
Gather the contacts made to your spouse as well. If your spouse keeps responding to the contact, it may be harder to treat it as stalking, and in an affair lawsuit it becomes a sign the relationship is continuing. In that case, you first need to decide what to do about your relationship with your spouse before a response strategy can be set.
- Screenshots of messages and call logs showing the other person's number and the time
- Door camera and dashcam footage saved separately as original files
- Notes on the locations of CCTV near where they came (retention periods are short)
- Names and contact details of neighbors or coworkers who witnessed it
Protection under the law
Unwanted approaches and contact that continue or are repeated become a stalking crime. It is punishable by up to 3 years' imprisonment or a fine of up to KRW 30 million, and since a July 2023 amendment, the offender can be punished even if the victim does not want punishment.
With the victim's consent, the police can refer the victim on the spot to a counseling center or shelter, and if repetition is likely and the situation is urgent, they can order the person to stay at least 100 meters away and not to call or message. The court can order provisional measures (잠정조치) including a written warning, a no-approach order, an electronic monitoring device and even detention in a police cell.
Words like "I'll tell your spouse" or "If you don't pay, I'll spread it" can amount to threats (협박) or extortion (공갈). Be sure to keep any message demanding money.
Next steps
Once you file a criminal complaint, the police interview you as the victim. Submitting your organized records in date order speeds up the investigation, and if protective measures are needed, request them along with the complaint. If contact continues after the complaint, submit those records as well. Once the police investigation is complete, a prosecutor at the Public Prosecution Service (공소청) decides whether to indict.
If you are also preparing an affair lawsuit, the stalking and threat records can be submitted as evidence of the affair partner's attitude after being found out. We decide when to file the lawsuit while watching how the criminal case progresses.
How Jisan Law helps
Jisan Law organizes the record of contacts and visits with you, writes the criminal complaint, and considers whether emergency measures (긴급응급조치) or provisional measures are needed. Jisan Law accompanies you to your interview as a victim and continues on to handle the affair lawsuit. A managing partner handles the consultation personally.
If you are in danger now, call 112 first, then contact us through the chat on this page.
Not sure how to handle this on your own?
Tell us in the chat what is happening. Our staff replies first and passes your case to the lawyer in charge, who will tell you the next step.
Frequently asked questions
The other woman goes to my husband's company and causes scenes. Is this stalking too?
Waiting near or going to the other person's workplace is also a stalking act. If she disrupted the company's work, obstruction of business (업무방해) may also be an issue. As a rule, your husband, as the victim, files the complaint, but anyone can call 112.
The man my wife had an affair with sent me photos of the two of them.
If he sent them repeatedly to torment you, this may raise stalking or the offense of sending fear-inducing content under the Information and Communications Network Act. If the photos are sexual, other crimes also need to be considered. Don't delete the photos; save them so the date received is visible.
Read next
- When you find out your spouse is having an affair →
- When you receive an affair complaint →
- When you want to claim compensation from the affair partner →
- When you didn't know they were married →
- When you're asked to sign a settlement agreement →
- Motel CCTV: How to secure it before it's erased →
- When you don't know the affair partner's name or address →
- How much compensation is awarded in affair cases? →
- When you receive a certified letter or settlement demand over an affair →
- Claiming reimbursement after paying the compensation →
- When they won't pay the compensation after judgment →
- When you've already told the affair partner's family or company →
- If you've already secretly recorded or tracked your spouse →
- When disciplinary proceedings start over a workplace affair →
- When you decide to reconcile with your spouse during the lawsuit →
- Is an infidelity pledge from your spouse legally binding? →
- When the affair partner is pregnant or has had a child →
- When the two keep meeting after a settlement or judgment →
- When it's been nearly 3 years since you found out about the affair →
- What to sort out first once you've decided to divorce →
- When you receive a divorce complaint →
- When you think your spouse is hiding assets →
- When your ex won't pay the child support set at the divorce →
- When your spouse's verbal abuse or violence continues →
- If you can't attend the confirmation hearing for divorce by agreement →
- If you've received notice of a family investigation →
- What to know before a divorce mediation session →
- When your ex won't let you see your child (visitation) →
- Is a home bought before marriage, or money from parents, also divided? →
- Breaking up after living together without a marriage report →
- Is it okay to move out before the divorce? →
- When your foreign spouse leaves home and cuts off contact →
- When the spouse who had an affair files for divorce →
- Can a homemaker receive property division? →
- When your spouse cuts off living expenses during separation →
- If you divorced without property division →
- When child support needs to go up or down →
- Moving abroad with your child after divorce →
- What to take care of after the divorce is final →
- When a Parent Has Died and You Do Not Know Whether There Are Debts →
- When You Receive a Demand for the Deceased's Debts After the 3 Months Have Passed →
- When You and Your Siblings Cannot Settle the Division of the Estate →
- When the Estate Went to Just One Person →
- When You Receive an Inheritance-Related Complaint or Petition →
- Can You Withdraw Money From a Parent's Account After Their Death? →
- When You Find a Handwritten Will at Home →
- When a Sibling Cannot Be Reached or an Heir Is a Minor →
- When a Family Member Who Never Kept in Touch Demands an Inheritance →
- When Large Sums Left a Parent's Account Before Their Death →
- What to Do After Your Limited Acceptance Is Accepted →
- When a Sibling Claims a Contribution Share for Caring for Your Parents →
- When a Remarried Parent Dies →
- When You Suspect a Will Has Been Forged →
- When You First See a Division Agreement Bearing Your Seal →
- When a Sibling Is Managing the Assets of a Parent With Dementia →
- When Your Parents Want to Give One Child a House in Advance →
- When You Live Abroad and Need to Settle an Inheritance in Korea →
- When You Find Land Still in the Name of a Grandparent Who Died Long Ago →