Legal Q&A
Q
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Recently, an acquaintance has been loitering around my house and keeps calling me and harassing me through KakaoTalk. In such a case, can I report it as a stalking crime? I am curious about what procedures the police go through to protect me when I report it, and what punishment the perpetrator faces if he violates this.
stalking crime
Answer
Published:
Author : ChanWoo JEONG
When you report stalking harm, the police take protective measures appropriate to the situation under the Act on Punishment of Crime of Stalking.
First, upon a report of a stalking crime, the police carry out emergency measures in which they come to the scene, restrain and stop the stalking conduct, separate the perpetrator and the victim, and give a written warning of the possibility of punishment for a future violation (Article 3 of the Act).
If there is a concern that the stalking conduct will be repeated and the matter is urgent, the police can order, subject to subsequent approval, a prohibition on approaching within 100m or a prohibition on approaching through telecommunications for up to one month (Articles 4 and 5 of the Act).
If the perpetrator violates this, they are subject to imprisonment for not more than one year or a fine not exceeding 10 million won (Article 20, paragraph 3 of the Act).
In addition, where there is a high risk of reoffending, the prosecutor can apply to the court to have it decide measures such as a prohibition on approach, a prohibition on telecommunications approach, and detention in a holding cell for up to three months (extendable) (Articles 8 and 9 of the Act).
If this is violated, imprisonment for not more than two years or a fine not exceeding 20 million won is imposed (Article 20, paragraph 2 of the Act).
In addition, even where the Act on Punishment of Crime of Stalking does not apply, you can apply for a provisional injunction prohibiting approach under the Civil Execution Act or an order prohibiting approach under the Act on Special Cases concerning the Punishment of Domestic Violence Crimes.
When a stalking crime occurs, promptly reporting it to the police (112) and securing possible evidence (call records, messages, CCTV, and the like) is important for your safety and legal protection.

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ChanWoo JEONG
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Extensive corporate legal litigation and advisory experience · Attorney specializing in inheritance/tax/administrative law
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