Blog, Criminal

Stalking and dating violence have unfortunately been increasing over the past few years in South Korea. In 2021, there were over 3,000 cases of stalking reported to the National Police Agency – an over 2,000 cases increase from 2020. By the fall of 2022, nearly 5,000 cases had been reported. This number does not include assault cases, which were over 10,000 by the end of 2021. Despite this shocking information, the number of police officers in charge of dealing with such cases has only been slightly raised. 

Stalking cases highlight South Korea’s continuing battle against gender-related crimes. Korea has been at the forefront of the world’s #MeToo movement in regard to cases such as stalking and the country’s molka(몰카) epidemic – invasive footage filmed with spy cameras. Of course, men are also victims of stalking.

No matter the gender, stalking cases should always be taken seriously. If you suspect you or someone you know is being stalked, it is important to reach out to authorities and those you trust. 

So, what can one do when being stalked in Korea? How will law enforcement potentially react if one were to file a stalking case complaint? Read on to learn more about stalking in Korea. 

What Is Stalking in Korea?

Despite its seriousness, it is only recently that stalking began to be punished as a crime in Korea. The “Act On Punishment Of Crime Of Stalking (스토킹범죄의 처벌 등에 관한 법률)” was enacted for the first time in 2021, followed by the “Act On Prevention Of Stalking And Protection Of Victims (스토킹방지 및 피해자보호 등에 관한 법률)” in 2023.

Prior to the enactment of these laws, there were no laws in Korea to punish the act of stalking itself. Therefore, the only way to report a stalker to the police was to report them for another crime. For example, if a stalker entered the victim’s house, they could be reported for trespassing. If they made the victim feel uneasy by loitering near the house, they could be reported for “causing anxiety” which was only a Minor Offense. This was clearly not enough to punish and prevent the stalking, so the law was finally enacted on 2021 after widespread demand for a new law.

According to the Act On Punishment Of Crime Of Stalking, Article 2, the meaning of “stalking” is this.

Article 2 (Definitions)

The terms used in this Act are defined as follows:

1. The term “act of stalking” means engaging in any of the following acts directed at the other person or a member of the other person’s household or family against the will of the other person, without good reason, which causes the other person anxiety or fear:

(a) An act of approaching or following the other person or obstructing the other person’s path;
(b) An act of waiting for or observing the other person at the other person’s residence, workplace, or school, or other places of daily life (hereinafter referred to as “residence, etc.”), or the vicinity thereof;
(c) An act of having things, written or verbal statements, codes, sound, drawings, pictures, or video images (hereinafter referred to as “things, etc.”) delivered by mail, telephone, facsimile, or information and communications networks defined in Article 2 (1) 1 of the Act on Promotion of Information and Communications Network Utilization and Information Protection;
(d) An act of having things, etc. delivered directly or through a third person or placing things, etc. in the other person’s residence, etc. or the vicinity thereof;
(e) An act of damaging things, etc. placed in the other person’s residence, etc. or the vicinity thereof;

2. The term “crime of stalking” means engaging in a repeated or continuing act of stalking;

It is important to know that “act of stalking” and “crime of stalking” are two different things. In order for the “crime of stalking” to be established, the “act of stalking” must be carried out continuously or repeatedly. Therefore, if you only committed the “act of stalking” once, it does not constitute a “crime of stalking.”

Also, since the law came into effect on October 21, 2021, it does not apply to stalking that occurred before then.

What To Do When Being Stalked in Korea

There are a variety of stalkers and each case is unique. Please read the following information carefully. If you feel any threat or immediate danger, report your stalker to the police immediately.

1. Do not engage with your stalker directly. It is important to avoid all contact. In addition, save any documents from your stalker such as texts, calls, letters, etc. This is useful as evidence, should you need to file a case.
2. Inform friends and family of any potential threat. It is always important to stay alert during a stalking case, but with friends and family also on alert, you are more likely to be kept out of danger. If you are spending time away from your home, make sure that both locations have security measures in place such as locks, alarms, cameras, etc.
3. Photograph any signs of damage on your person, home, workplace, etc. These photographs and recordings should be shared with law enforcement immediately and will be  used as evidence in a court case.

Even if you feel pressure from your stalker not to report the case, you are strongly suggested to inform authorities. Korean law provides safety measures for victims of stalking. When the Korean police receive a report from a victim of stalking, they will act based on Article 3 and 4 of the Act On Punishment Of Crime Of Stalking.

Article 3 (Emergency Measures upon Receiving Reports on Act of Stalking)

Upon receiving a report on any ongoing act of stalking, a judicial police officer shall immediately arrive at the scene of the act and take the following measures:

• Restraining the act of stalking, issuing notices to stop the act of stalking, and warning of punishment in cases of a repeated or continuing act of stalking;
• Separating the stalker and the victim, etc. and conducting criminal investigation;
• Informing the victim, etc. of procedures for requesting urgent emergency measures and provisional measures, etc.;
• Delivering the victim, etc. to a counseling center or shelter related to the damage of stalking (limited to cases where the victim, etc. consents thereto).

 Article 4 (Urgent Emergency Measures)

(1) If an act of stalking is likely to be continuously or repeatedly committed and if it is urgently necessary to prevent the crime of stalking in connection with a report on an act of stalking, a judicial police officer may, ex officio or upon request of the person who has been subjected to the act of stalking or such person’s legal representative or of the person who has reported the act of stalking, take the following measures against the stalker:

• Prohibiting the stalker from coming within 100 meters of the person who has been subjected to the act of stalking or such person’s residence, etc.;
• Prohibiting the stalker from accessing the person who has been subjected to the act of stalking through telecommunications defined in subparagraph 1 of Article 2 of the Framework Act on Telecommunications.

(2) Upon taking a measure under paragraph (1) (hereinafter referred to as “urgent emergency measure”), a judicial police officer shall immediately prepare a written decision on an urgent emergency measure which includes the summary of the act of stalking, the reasons for the necessity of the urgent emergency measure, the details of the urgent emergency measure, etc.

These “emergency measures” can be taken even if the perpetrator is not yet declared guilty of the crime.

The reason for these regulations is that stalking, by its very nature, carries a high risk of retaliation against the victim. So the court may impose “provisional measures” to protect the victim while the perpetrator is being tried.

Article 9 (Provisional Measures against Stalkers)

(1)  The court may, by its ruling, take any of the following measures (hereinafter referred to as “provisional measure”) against a stalker, where deemed necessary to facilitate the investigation and examination of a crime of stalking or to protect a victim:

• Issuing a written warning to the stalker to stop the crime of stalking against the victim;
• Prohibiting the stalker from coming within 100 meters of the victim or the victim’s residence, etc.;
• Prohibiting the stalker from accessing the victim through telecommunications defined in subparagraph 1 of Article 2 of the Framework Act on Telecommunications;
• Detaining the stalker in a detention cell or detention center of a national police agency.

(2) The provisional measures referred to in the subparagraphs of paragraph (1) may be imposed concurrently.
(3) If a court decides to take a provisional measure, it shall notify the public prosecutor, the victim, and the legal representative thereof.
(4) If a court has taken a provisional measure under paragraph (1) 4, it shall notify the stalker of the right to counsel and to file a complaint under Article 12, and shall notify persons classified as follows of the fact that the provisional measure has been taken:

• Where the stalker has a defense counsel: The defense counsel;
• Where the stalker has no defense counsel: A person designated by the legal representative or the stalker.

(5) The period for a provisional measure under paragraph (1) 2 and 3 shall not exceed two months and the period for a provisional measure under subparagraph 4 of that paragraph shall not exceed one month: Provided, That if it is deemed necessary to extend the period for the protection of a victim, the court may, by its ruling, extend the period for a provisional measure under paragraph (1) 2 and 3 up to two times, each by an additional two months.

In addition, shelters for stalking victims have been created. Three facilities – two for women, one for men – for stalking victims were announced in Octobre of 2022. The shelters not only provide a place to stay, but also counseling. They are the first of their kind in South Korea. In addition, victims can go to Seoul 1366 – an emergency support center for women. Victims of home invasions can also report here. Victims can stay here for up to one year.

Punishment for Crime of Stalking

Article 18 of The Act On Punishment Of Crime Of Stalking provides for punishment for stalking offenders.

Article 18 (Crime of Stalking)

(1) A person who commits a crime of stalking shall be punished by imprisonment with labor for not more than three years or by a fine not exceeding 30 million won.
(2) A person who commits a crime of stalking by carrying or using a deadly weapon or other dangerous thing shall be punished by imprisonment with labor for not more than five years or by a fine not exceeding 50 million won.

Originally, there was also a stipulation that stalkers could not be prosecuted against the victim’s will, but this was removed on July 11, 2023. So now, even if the victim forgives the offender and does not want the offender to be punished, the offender can still be prosecuted.

Stalking Case Study

In order to better understand how Korean law enforcement, courts, and even the government deals with stalking cases, two case studies will be analyzed.

Please note that these case studies include information that some may find disturbing. Reader discretion is advised. 

1. Stalking Case Study 1

In September of 2022, a 28-year-old South Korean woman was murdered by a man who had been stalking her for several years. She was stabbed several times after finishing her evening shift near Sindang Station in central Seoul. Sadly, her murder took place only a day before her stalker had been due to be sentenced for stalking. 

The stalker had reports filed on him since 2019, where he was seen harassing the woman after they both began working for Seoul Metro. Hundreds of phone calls were logged with him begging her for a date. These phone calls also included threats, should she refuse. The man was dismissed from his job and later arrested, but was released on bail. At the time in South Korea, stalkers were not subjected to a restraining order.

This case sparked outrage around the world and pushed Korean law enforcement to better protect those being stalked, and in particular, women safety.

The country’s gender equality minister at the time, Kim Hyun-sook, was heavily criticized as she did not believe that murder was a gender-based hate crime. However, nearly 80% of all stalking cases reported to South Korean police see women as the victim. To make matters worse, Kim suggested the murder could have been prevented had the victim called a ministry helpline and taken more extreme preventive measures.

The anti-stalking law in place at the time of the murder was closely analyzed. Inspectors found a loophole that permits police to take action only with the consent of a victim. This loophole gives stalkers an opportunity to pressure their victims into dropping any complaints. Evidence of failure can be seen with a rate of only 5% of reported stalkers being detained. 

Pressure remains on the government to take these crimes more seriously and to introduce more strict punishment for stalkers. The discussions are ongoing as of early 2023. 

2. Stalking Case Study 2

In November 2021, a woman in her 20s was murdered by her ex-boyfriend in the Jung District of Seoul. He had been stalking her for several months following their breakup in 2020. This case is certainly not stand-alone. 

In March earlier that year, a similar case occurred where an ex-boyfriend killed a woman he had been stalking, along with her mother and younger sister who were present at the time.

The first perpetrator was sentenced to 40 years in prison. At the time of her death, the victim had been under police protection after filing four complaints against Kim. A restraining order against him had already been filed. The original sentence was 35 years, but after sensing that the perpetrator was not remorseful, the Seoul High Court increased his sentence by an additional five years.