Written by Attorney Soobin You — a former prosecutor licensed in Korea, defending criminal cases with consultations available in English.
Quick answer: In Korea, repeatedly contacting or approaching an ex after a breakup can be a crime under the Anti-Stalking Act — punishable by up to 3 years in prison. But where the contact was emotional rather than malicious, a settlement is reached, and it’s a first offense, the case can end with a suspension of indictment (기소유예) — no trial, no criminal record.
For foreigners in Korea, this catches many by surprise. You’re not trying to harass anyone — you’re processing a breakup. But under Korean law, intent matters less than repetition. Here is how one case ended without a criminal record.
How the Anti-Stalking Act works
The Act on the Punishment of Stalking Crimes prohibits approaching, contacting, waiting for, or otherwise causing anxiety to another person against their will — visiting their home or workplace, or creating unease through texts and calls. Since the law took effect, cases between former partners have made up a large share of stalking cases. The statutory penalty is up to 3 years in prison or a fine up to 30 million KRW, and repeated conduct can lead to actual imprisonment. Because the law emphasizes repetition over intent, even a couple of emotionally driven visits can be treated as a stalking crime.
The case: emotional visits after a breakup
Here, shortly after a breakup, the client visited near the ex-partner’s home about five times to process their feelings. There was no direct verbal abuse or threat, but the other person felt anxious and reported it, and the client was investigated under the Anti-Stalking Act. We analyzed the case by clearly separating intent from repetition — establishing that this was impulsive conduct arising from post-breakup emotional turmoil, not an attempt to harass.
The strategy: absence of intent and a settlement
The core issues were intent and continuity. We proved the conduct was not aimed at tormenting the other person but was an impulsive attempt at emotional closure, submitting a detailed opinion covering the number of contacts, timing, and content. We also worked to reach an amicable settlement, and the victim clearly expressed that they did not want punishment — giving prosecutors grounds for leniency. Korean prosecutors frequently grant a suspension of indictment for a first offender who shows clear remorse.
The legal point: dismantling “continuity”
Whether stalking is punishable turns most on whether the conduct was repeated. A single visit can be read as an emotional expression; multiple visits are more likely to be judged as stalking. Here, there were five visits — but we explained logically that the intervals and circumstances of each differed, making it hard to treat them as one continuous course of conduct. Breaking down the timeline, the shifts in emotion, and the background of each incident is the strategy for dismantling the “continuity” requirement.
The result: suspension of indictment (기소유예)
A suspension of indictment means the offense is acknowledged but, given sufficient mitigating grounds, no prosecution is brought and the case is closed — no trial, no criminal record, minimal social consequences. Prosecutors weighed the settlement, genuine remorse, and first-offender status together. These outcomes are possible when the response is reasonable and prompt.
Frequently Asked Questions
Q: Can contacting my ex after a breakup be stalking in Korea?
A: Yes. Under the Anti-Stalking Act, repeated contact or approaches against the other person’s will can be a crime — and the law emphasizes repetition over your intent, so even emotionally driven contact can qualify.
Q: What does 기소유예 (suspension of indictment) mean?
A: The offense is acknowledged, but given mitigating factors, the prosecutor closes the case without bringing charges. There is no trial and no criminal record, which minimizes long-term consequences.
Q: How serious is a stalking charge in Korea?
A: It carries up to 3 years in prison or a fine up to 30 million KRW, and repeated conduct can lead to actual imprisonment. It should be taken seriously from the start.
Q: What helps most in a stalking case?
A: Showing the absence of harassing intent, reaching a settlement so the victim does not seek punishment, first-offender status, and analyzing the timeline to dispute whether the conduct was truly continuous.
Q: Does this affect my visa in Korea?
A: It can, depending on the outcome and your visa type. A suspension of indictment leaves no criminal record, which is one reason early, careful handling matters.
This article is for general information only and does not constitute legal advice. Outcomes depend on the specific facts of each case. For advice on your situation, consult a licensed attorney.
Investigated for contacting an ex in Korea? Attorney Soobin You provides English-language criminal defense from the earliest stage, with offices in Seoul (Mapo) and Gyeongju. Contact us via KakaoTalk or the inquiry form.