Criminal defense and immigration strategy for foreigners facing stalking charges in Korea
Korea enacted the Stalking Crimes Punishment Act (스토킹범죄의 처벌 등에 관한 법률) in 2021 and strengthened it significantly in 2023. For foreign nationals in Korea — whether accused of stalking or seeking protection as a victim — the consequences extend well beyond the criminal penalty. A charge can affect a visa, residency status, and daily life in ways that require prompt, coordinated legal attention.
The Act defines a "stalking act" as conduct carried out against another person's will, without legitimate reason, that causes — or would cause — the target anxiety or fear. The statute enumerates 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 do not apply the statute to conduct outside the listed categories based on general definitions alone.
A single incident may constitute a stalking act, but "stalking crime" under the Act requires the conduct to be persistent or repeated. Courts assess the full picture: the relationship between the parties, the manner and duration of the conduct, the setting, and the cumulative effect on the target.
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, conduct, and surrounding circumstances.
Stalking crime carries a maximum penalty of three years' imprisonment or a fine of up to 30 million won. Where 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.
Korean courts treat prior police warnings, the duration and frequency of the conduct, and the nature of the relationship between the parties as relevant sentencing factors. A suspended sentence (집행유예) is possible in less severe cases — particularly where there is no prior criminal record and the conduct was limited in scope — but suspension does not eliminate the immigration risk for foreign nationals.
| Offence Type | Maximum Imprisonment | Maximum Fine |
|---|---|---|
| Stalking crime (standard) | 3 years | 30 million won |
| Stalking crime with dangerous object | 5 years | 50 million won |
| Breach of emergency or provisional measure | Separate offence | Separate penalty |
When police respond to a stalking report, they may issue on-the-spot emergency measures (긴급응급조치) — immediately prohibiting the accused from approaching or contacting the complainant and their household members. These take effect without a court order, and violating them is a separate criminal offence.
Courts may subsequently impose provisional measures (잠정조치) at any stage of investigation or trial. These include communication bans, approach prohibitions, electronic monitoring, and — in serious cases — temporary placement in a police detention facility or detention centre as a provisional measure. Violating a provisional measure is itself a criminal offence and may be used as grounds for immigration enforcement action against foreign nationals.
The 2023 amendment to the Act removed the requirement for victim consent before prosecution could proceed. 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 restricts investigation or prosecution.
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.
For E-series (employment) visa holders, a criminal charge relating to public order can affect employer sponsorship. For F-6 (marriage visa) holders, the situation is particularly sensitive if the complainant is the Korean spouse or a family member. For F-2 or F-5 long-term residents, a conviction that results in a prison sentence may affect permanent residence status.
The criminal case and the immigration strategy should be handled together, and from the earliest possible stage. The timing of legal submissions, sentencing advocacy, and communication with immigration authorities can each influence the outcome.
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, CCTV, digital data — is consistent with the complaint.
For more on what foreigners specifically face after a stalking complaint in Korea, see: Stalking Charges in Korea: Criminal Penalties and Visa Consequences for Foreigners
A. The Act covers conduct carried out against another person's will, without legitimate reason, that would cause a reasonable person anxiety or fear. Covered categories include approaching or following the target, waiting near their home or workplace, sending repeated messages or calls, placing objects near the target, and disclosing personal or location information online. A 2025 Supreme Court decision (2025Do36) clarified that the victim does not need to have been aware of the conduct at the time for it to qualify.
A. Stalking crime carries up to 3 years' imprisonment or a fine of up to 30 million won. Where the offender used or carried a dangerous object, the maximum increases to 5 years' imprisonment or a fine of up to 50 million won. Violating a provisional measure ordered by a court is itself a separate criminal offence.
A. Yes. Courts may impose provisional measures at any stage of investigation or trial, including communication bans, approach prohibitions, and temporary placement in a police detention facility as a provisional measure. Breaching these measures is a separate offence and can have direct immigration consequences.
A. 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.
Pyoung-ho Kim (김평호) · Attorney at Law · Korean Bar Association · Judicial Research & Training Institute, 43rd Class · 2021 Outstanding Attorney Award · 500+ cases handled since 2015
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