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 a former partner against their will can be a crime under the Anti-Stalking Act, punishable by up to 3 years in prison. Crucially, the law emphasizes repetition over intent, so even contact driven by emotion, not harassment, can qualify. But where there was a genuine justifiable reason, or no intent to stalk, a case can end in no charges (불송치). Understanding this line is essential.
For foreigners in Korea, this is one of the easiest ways to stumble into a criminal case without realizing it. You are processing the end of a relationship, but under Korean law, how the other person experiences your contact can matter more than what you intended. Here is how the Anti-Stalking Act actually works, from a Korean English-speaking lawyer’s perspective.
What the Anti-Stalking Act covers
The Act on the Punishment of Stalking Crimes prohibits approaching, following, waiting for, blocking the path of, or repeatedly contacting another person against their will in a way that causes anxiety or fear. This includes visiting someone’s home or workplace, or contacting them through calls, messages, or online. Since the law was strengthened, penalties have been heavy, reaching up to 3 years in prison or a fine up to 30 million KRW, and repeated conduct raises the real risk of a detention warrant and an actual prison sentence.
Why former-partner cases are especially complicated
Since the law took effect, a large share of stalking cases have arisen between former partners or former spouses. These cases carry a particular complication: emotions are involved on both sides, and the facts as described in a complaint can sometimes be distorted by that emotional context. What one person experienced as frightening, the other may have intended as a genuine, if misguided, attempt at closure. Identifying and correcting those distortions is often central to the defense.
The key legal question: repetition versus intent
Whether stalking is established turns heavily on repetition. The law focuses on whether the conduct was repeated against the other person’s will, rather than on whether you intended to cause harm. This is why simply saying “I didn’t mean to stalk anyone” is not enough. Two questions decide these cases:
Was there a genuine justifiable reason for the contact? Not every reason to make contact is unlawful.
Was there actually an intent to stalk? Where the conduct arose from a justifiable reason rather than an intent to cause anxiety, that must be shown with objective evidence.
How these cases are defended
Because call and message records usually make the fact of contact undeniable, the defense often focuses not on denying that contact occurred, but on establishing that there was no stalking intent, or that there was a justifiable reason. An effective response typically involves:
Clarifying the facts precisely. In a case where innocence is asserted, the facts must be organized clearly before there is any real chance of a no-charge outcome. Objective evidence and a detailed written opinion establish that the conduct arose from a justifiable reason, not an intent to stalk.
Attending questioning with counsel. Many suspects become anxious and cannot answer clearly or grasp the point of a question. Having a lawyer present ensures the suspect’s position is accurately represented, and allows the credibility of the complaint to be tested where appropriate.
Showing that contact has stopped. Demonstrating that the person had already stopped making contact, and commits to not contacting the other person again, can support a favorable outcome.
The possible outcomes
Depending on the facts, these cases can resolve in very different ways. Where there was no stalking intent and a justifiable reason, the police may issue a no-charge decision (불송치), ending the case with no criminal record. Where some conduct is established but there are strong mitigating factors, a first offender may receive a suspension of indictment (기소유예). And in more serious cases, especially repeated conduct or offenses committed during an existing suspended sentence, detention and a prison sentence become real risks, though even then an appeal can sometimes change the result. What determines the outcome is the early, careful, and objective handling of the case.
Where the line falls between contact and an offence is decided on the pattern of behaviour, not on any single message. See our overview of criminal defence in Korea for how these cases are handled once the police become involved.
Frequently Asked Questions
Q: Can contacting my ex after a breakup be stalking in Korea?
A: Yes. Repeatedly contacting or approaching a former partner against their will can be a crime under the Anti-Stalking Act. The law emphasizes repetition over intent, so even emotionally driven contact can qualify.
Q: The contact clearly happened. Can I still avoid charges?
A: Possibly. Since call and message records often make contact undeniable, the defense focuses on showing there was no stalking intent or that there was a justifiable reason, supported by objective evidence.
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. Repeated conduct raises the risk of a detention warrant and an actual prison sentence, and offenses during an existing suspended sentence are treated even more seriously.
Q: What outcomes are possible in a stalking case?
A: They range from no charges (불송치) where there was no intent and a justifiable reason, to a suspension of indictment (기소유예) for a first offender with mitigating factors, to detention and prison in serious or repeated cases.
Q: I’m a foreigner facing a stalking accusation in Korea. Can I get help in English?
A: Yes. A Korean English-speaking lawyer can take your account in English and respond from the earliest police stage, including attending questioning and organizing the evidence, which is critical when a single interview can shape the case.
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.
Facing a stalking accusation in Korea? YUSU Lawfirm (법무법인 유수), founded by former prosecutor Soobin You, with a team that includes Kyungmin Kim, a US-educated Korean attorney, provides English-language criminal defense from the earliest stage. With offices in Seoul (Mapo) and Gyeongju, contact us via KakaoTalk or the inquiry form.