What evidence is needed to prove a stalking act?

Whether a stalking act is recognized can be judged based on the scope prescribed in Article 2 of the Act on the Punishment of Stalking Crimes.

That Act defines a stalking act as conduct that, against the other person's will and without justifiable reason, involves approaching, following, contacting, delivering objects, spreading personal information, or impersonation and thereby causes anxiety or fear in the victim.

If such conduct occurs continuously and repeatedly, the victim can file a complaint against the offender for a stalking crime, and the offender may be subject to imprisonment for not more than 3 years or a fine of not more than 30 million won.

In this case, to prove the harm caused by the stalking act, collecting the following evidence is important.

① Communication records - records of unnecessary or persistent contact, such as text messages, KakaoTalk, SNS DMs, and phone records

② On-site evidence - CCTV or vehicle dashcam footage containing circumstances of waiting around or following you near living spaces such as home, workplace, or academy

③ Evidence related to objects - photographs of unwanted gifts or letters, threatening notes, and objects left in front of your home

④ Victim statement materials - a journal recording the situations experienced by date, and witness statements

If the communication records that can prove the stalking act have been deleted, a substantial portion can be recovered through digital forensics techniques, and in that case it is wise to proceed with the help of a forensic expert.

Ultimately, if repeated and unwanted approaches or contact cause anxiety and fear related to stalking, it may constitute a stalking act, and you should bear in mind that carefully gathering evidence is key in the reporting and investigation process.

Daeryun, ranked ninth among law firms in Korea (based on 2025 value-added tax filings with the National Tax Service), assists with cases through its accumulated experience.