[HOAM Foreign Law Column] Stalking in Korea: How to Report as a Foreigner

Stalking is a serious crime in Korea, and the 'Stalking Punishment Act' provides robust protection for victims regardless of their nationality or immigration status. If you are experiencing repeated, unwanted contact or following, you must act quickly to ensure your safety.

1. What Constitutes Stalking in Korea?

Under the law, stalking includes:

• Following, blocking, or approaching against the victim's will without justifiable cause.
• Waiting for or observing the victim near their home, school, or workplace.
• Sending unwanted messages, calls, images, or gifts via telecommunication networks.
• Damaging property near the victim's living space. If these acts are repeated and cause anxiety or fear, they are recognized as criminal offenses punishable by up to 3 years in prison.

2. Immediate Action: 112 and Emergency Measures

When you report to the police (112), they can immediately implement 'Emergency Measures.' This includes ordering the perpetrator to stay at least 100 meters away from you and your workplace and banning any telecommunication contact. Violating these orders can lead to immediate fines or arrest.

3. Court-Ordered Temporary Measures (The 4 Types)

If there is a high risk of recurrence, the court can issue 'Temporary Measures' (Jam-jeong Jo-chi):

1. Written warning to the stalker.
2. Restraining order (within 100m of victim/workplace).
3. Ban on telecommunication contact.
4. Detention of the stalker in a holding cell or detention center for up to one month.

4. Special Rights for Foreign Victims

Many foreigners hesitate to report because they cannot speak Korean fluently or fear retaliation. In Korea:

• You have the right to an Interpreter during all stages of investigation.
• You can request Personal Protection Measures, such as a smart watch with an emergency button or temporary safe housing.
• Reporting a crime does not automatically lead to deportation if you are a victim.

5. Why Hoam Law Firm?

Stalking cases often involve complex emotional and legal dynamics. Hoam Law Firm provides comprehensive support to ensure your safety while maintaining your legal stay in Korea. We assist with filing complaints, attending interviews with the police, and applying for protective court orders.

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