A stalking charge in Korea carries criminal penalties and, for foreign nationals, the added risk of immigration consequences. Korea’s Stalking Crimes Punishment Act (스토킹범죄의 처벌 등에 관한 법률) has been strengthened significantly since its enactment in 2021, and courts have issued several rulings clarifying when the law applies. This article explains what foreigners accused of stalking in Korea can expect — from the definition of the offence through to the immigration consequences.
What the Stalking Crimes Punishment Act Covers
The Act defines a “stalking act” as conduct carried out against another person’s will, without legitimate reason, which causes anxiety or fear.
The statute lists specific categories of covered conduct: approaching or following the target in person; waiting near the target’s home, workplace, or regular routes; sending repeated messages, calls, or deliveries; placing or leaving objects near the target’s person or property; and disclosing or posting the target’s personal or location information online, or impersonating the target in online communications.
Whether a particular form of conduct falls within the Act depends on its method and specific facts — courts assess whether the behaviour fits within the enumerated categories rather than applying a general definition.
A single such act does not automatically constitute a crime. The Act requires that the conduct be “persistent or repeated” before it becomes a “stalking crime.” Courts look at the full context — how many times, over what period, whether prior police warnings were given, and the relationship between the parties.
In Supreme Court Decision 2025Do36, decided on 30 October 2025, the Court clarified that under the Act, if listed conduct would objectively be sufficient to cause anxiety or fear if perceived by the target, it may qualify as a stalking act even if the target did not actually notice it at the time. The assessment remains fact-specific, considering the relationship, context, manner of conduct, and surrounding circumstances.
Criminal Penalties
Stalking crime carries a maximum penalty of three years’ imprisonment or a fine of up to 30 million won. If the offender carried or used a dangerous object in the course of the conduct, the maximum increases to five years’ imprisonment or a fine of up to 50 million won. Courts consider the duration and frequency of the conduct, any prior warnings by police, and the relationship between the parties when determining the sentence.
A suspended sentence (집행유예) is possible in less severe cases, particularly where the offender has no prior criminal record, the conduct was limited in scope, and there is a credible commitment not to reoffend. However, a suspended sentence does not eliminate the immigration risk for a foreign national.
Emergency Measures and Court Orders
When police respond to a stalking report, they may issue on-the-spot emergency measures (긴급응급조치) — which can immediately prohibit the accused from approaching or contacting the complainant and their household members. These take effect without a court order, and violation is a separate offence.
Courts can subsequently issue provisional measures (잠정조치), which may include: a prohibition on approaching or contacting the victim; removal from a shared residence; electronic monitoring; and, in more serious cases, temporary placement in a police detention facility or detention centre as a provisional measure. Breaching a provisional measure is itself a separate criminal offence and may have direct consequences for a foreign national’s immigration status.
The 2023 Amendment: What Changed
Before the 2023 amendment, stalking crime was subject to a victim non-punishment rule (반의사불벌): if the victim clearly stated that they did not want the accused to be punished, prosecution was restricted. The 2023 amendment removed that restriction. Stalking crime is now prosecuted regardless of whether the victim later withdraws the complaint or reconciles with the accused. A complainant’s change of heart may influence sentencing, but it no longer blocks investigation or prosecution.
For foreign nationals — particularly those in relationships with the complainant (former partners, colleagues, or acquaintances) — this is a significant change. A complaint, once filed, follows its own procedural course.
Visa and Immigration Consequences for Foreign Nationals
A stalking conviction can trigger immigration review. A sentence of imprisonment — including a suspended sentence in some cases — may become a ground for visa cancellation, denial of extension, or deportation, depending on the visa type, sentence outcome, family ties, and the immigration authority’s individual assessment. An ongoing investigation can also affect renewal before any conviction is entered.
Foreign nationals under active investigation should be aware that immigration authorities may conduct their own review independently. For E-series (employment) visa holders, a criminal charge relating to public order can affect employer sponsorship of renewal. For F-6 (marriage visa) holders, the situation is particularly sensitive if the complainant is the Korean spouse or a family member of the spouse.
Managing the criminal case and immigration status simultaneously — and from the earliest possible stage — is important. For a full overview of how stalking law applies to foreigners in Korea, see our stalking defense guide.
What to Do If You Receive a Police Summons
If you receive a police summons related to a stalking complaint, or if police contact you directly, consult a lawyer before attending any interview or providing any written statement. The initial investigation stage sets the evidentiary foundation for the entire case.
Key issues in a stalking defense include: whether the conduct falls within the Act’s enumerated categories; whether it was carried out against the target’s will and without legitimate reason; whether the frequency or persistence meets the statutory threshold; and whether the available evidence — call records, location data, or digital communications — is consistent with the complaint as filed.
If this situation is similar to yours, you are welcome to send the basic facts through KakaoTalk. Initial inquiries in English are handled directly.
Frequently Asked Questions
What counts as stalking in Korea?
Korean law defines stalking as repeated or persistent conduct against another person’s will — within the categories listed in the statute, including following, waiting nearby, sending repeated messages or calls, placing objects near the target, and disclosing personal information online — that would cause a reasonable person anxiety or fear.
A 2025 Supreme Court decision (2025Do36) clarified that the victim does not need to have noticed the behaviour at the time for the conduct to qualify.
Can a foreigner face deportation after a stalking charge in Korea?
A stalking conviction can trigger immigration review. A sentence of imprisonment — including a suspended sentence in some cases — may become a ground for visa cancellation, denial of extension, or deportation, depending on the visa type, sentence outcome, family ties, and the immigration authority’s individual assessment. An ongoing investigation can also affect renewal. Criminal and immigration strategy should be managed together from the outset.
What if the victim withdraws the complaint?
Before the 2023 amendment, stalking crime was subject to a victim non-punishment rule: if the victim clearly stated they did not want punishment, prosecution was restricted. The 2023 amendment removed that restriction. A withdrawal or reconciliation may still matter for sentencing, but it no longer automatically blocks investigation or prosecution.
What happens after a stalking report is filed against me in Korea?
Police are required to respond immediately and may issue emergency measures on the spot, including a ban on approaching or contacting the complainant. The case then moves to investigation. Courts can impose provisional measures — including communication bans, approach prohibitions, or temporary placement in a police detention facility — at any stage. A lawyer should be consulted before any police interview.