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What conditions are required to file a report for unauthorized intrusion upon habitation?

Recently, there has been a person who often loiters around my house, which made me anxious, and a few days ago, taking advantage of the gate being unlocked, that person came all the way into my yard. The front door was closed, but the moment I opened the door, that person was standing right in front of me, and I was very startled. At the time, I was so frightened that I could not say anything, but afterward that person again loitered near my house. In such a case, can I report this as the crime of unauthorized intrusion upon habitation? I would like to know what measures I can obtain if I file a report.

unauthorized intrusion upon habitation

Answer

Published: 2025-06-05

Author : ChanWoo JEONG

As you have asked, when another person intrudes into your residential space without permission, the crime of unauthorized intrusion upon habitation may be established.

The crime of intrusion upon habitation is provided for in Article 319 of the Criminal Act, and it is a crime established when a person intrudes upon another's residence, building, vessel, or the like without justifiable reason.

Accordingly, the offender may be subject to imprisonment for up to three years or a fine not exceeding 5 million won.

Here, the scope of intrusion is not necessarily limited to entering indoors, but also includes spaces to which the protection of the residence extends, such as a yard or a veranda.

However, the actual location must be examined, and it appears that a criminal complaint can proceed after determining whether the crime is established and reviewing the detailed facts.

It appears that you are curious about the legal response to unauthorized intrusion upon habitation and about measures to protect your personal safety.

If the offender appears again and exhibits threatening behavior, you can request personal protection from the police.

In addition, if necessary, you can also apply through the court for a protective order such as a 'temporary restraining measure prohibiting approach'.

However, in reality there are cases where personal protection measures are limited, so using a private security service when necessary is also a good option.

In threatening situations that are difficult to handle alone, it is advisable to obtain the assistance of a professional and to arrange stable protective measures alongside.