You may need a consultation if
- The woman your husband broke up with is waiting outside your home
- The man your wife had an affair with keeps contacting her and is sending photos to you too
- You received a message saying, "Pay me or I'll tell your spouse"
- They have come to your child's school or even your workplace
- You have been reported for stalking over texts you sent to the affair partner
Relevant provisions
Act on the Punishment of Stalking Crimes (스토킹범죄의 처벌 등에 관한 법률) Article 18 (Stalking crimes)
Continuously or repeatedly approaching someone against their will, waiting near their home or workplace, or sending calls or messages is punishable by up to 3 years' imprisonment or a fine of up to KRW 30 million; carrying a dangerous weapon raises this to up to 5 years' imprisonment or a fine of up to KRW 50 million. A July 2023 amendment removed the rule that the case ends if the victim does not want punishment.
Criminal Act (형법) Article 283 (Threats) and Article 350 (Extortion)
Threatening a person is punishable by up to 3 years' imprisonment, a fine of up to KRW 5 million, short-term detention or a petty fine. Obtaining money by intimidation is extortion, punishable by up to 10 years' imprisonment or a fine of up to KRW 20 million.
Stalking Punishment Act Articles 4 and 9 (Emergency measures and provisional measures)
In an emergency, the police can order the person to stay at least 100 meters away and not to make contact by telecommunications; the court can order a written warning, a no-approach order, an electronic monitoring device, or detention in a police cell or detention center.
Statutes are summarized. The official Korean text is available at the Korea Law Information Center (law.go.kr).
When contact becomes stalking
Stalking (스토킹) means, without a legitimate reason and against the other person's wishes, approaching them, waiting near their home or workplace, or sending calls and messages in a way that causes fear. Once is a stalking act; when it continues or is repeated, it becomes a stalking crime.
Approaching the person's household members or family is also included. If the affair partner goes not only to your spouse but also to your children or parents, that too can be a stalking act.
Threatening to tell is a threat; demanding money is extortion
Frightening someone with words like "I'll tell your spouse everything" or "I'll tell your company" raises the crime of threats (협박). Demanding or obtaining money on that pretext can be punished heavily as extortion (공갈).
It is dangerous for the wronged spouse seeking compensation to say the same things. Even when exercising a right, if the method goes beyond what is socially acceptable, it can become extortion, so make your claim through a certified letter (내용증명) or a complaint (소장).
Protection available when you report
If stalking is in progress, call 112 (the police emergency number) and the police will stop it on the spot and separate you. If it is likely to happen again, contact and approach can be blocked through police emergency measures (긴급응급조치) and court provisional measures (잠정조치).
Gathering records before reporting speeds up these measures. Note, by date, the times of contact, the places they came to, the locations of nearby CCTV and anyone who witnessed it.
What to consider alongside the affair lawsuit
The affair partner's stalking or threats can be considered, as their attitude after being found out, when compensation is set. On the other hand, texts you sent in a moment of anger can become evidence for the other side, so cut off contact and say what needs to be said through your legal representative.
Circumstances affecting the disposition and outcome
Factors that work against you
- · Kept contacting after being refused
- · Came to the home, workplace or school
- · Demanded money or a meeting while threatening exposure
- · Made contact even after a no-approach order
Factors that work in your favor
- · Contact was limited to once or twice
- · The purpose of contact was legitimate, such as returning belongings
- · Stopped contact and apologized right away
- · Settled with the victim
How Jisan Law's Family Law Center responds
- 1
Assessing the danger
We hear what contact and visits have occurred and since when, and whether they are still going on, and decide on urgent measures first.
- 2
Organizing records
We put the contacts and visits in date order and select the material to use in the report.
- 3
Criminal complaint and protective measures
We file the criminal complaint and consider whether emergency or provisional measures are needed. Jisan Law accompanies you to your interview as a victim.
- 4
Reflecting it in the affair lawsuit
We include the stalking and threats in the arguments and evidence of the affair lawsuit.
- 5
If you are the one accused
If the contact you sent is at issue, we practice with likely questions before questioning and explain the circumstances in a written opinion.
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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Miso Kim Partner
Formerly at Daehwan Law Firm, in-house counsel on the legal team of Wemade Co., Ltd., and Oracle Law Firm
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Frequently asked questions
My husband blocked the other woman, and now she's contacting me instead.
Even if the person being contacted changes, repeated unwanted contact can be a stalking act. Don't reply; just keep screenshots. If there are threats or she comes to see you, it is better to report it right away.
I was reported over a text I sent the affair partner saying, 'I'll come to your house.'
A single emotional text and repeated approaches are viewed differently. Cut off contact from now on, and keep every text you sent so you are ready to explain the circumstances. It's a good idea to work out the direction of your statement with a lawyer before police questioning.
If a no-approach order is issued, can they still appear at the affair lawsuit hearings?
A no-approach order keeps the person away from the victim and their home and similar places; it does not bar them from attending court. Still, to avoid running into each other or making contact outside the courtroom, it is safer to move with your legal representative on hearing days.