Until 2021, Korea had no dedicated stalking law — persistent, unwanted contact fell into a patchwork of minor offenses that rarely resulted in real protection. The Act on the Punishment of Stalking Crimes (스토킹범죄의 처벌 등에 관한 법률), commonly called the Anti-Stalking Act (스토킹처벌법), changed that. It created a fast, police-driven system for emergency protection and made repeated stalking a serious criminal offense — but the speed of the system cuts both ways, and foreigners on either side of a complaint are often caught unprepared.
→What Legally Counts as Stalking (스토킹) in Korea
Stalking (스토킹) under the Anti-Stalking Act (스토킹처벌법) is defined broadly, and a single incident is not enough — the law requires repeated or continuous conduct that causes fear or anxiety in the other person. Covered conduct includes:
- Following someone or waiting near their home, workplace, or school without a legitimate reason
- Repeated unwanted approach or attempts to communicate — calls, texts, messages, gifts, or items left for the person
- Damaging or interfering with someone's belongings, vehicle, or residence
- Watching or surveilling someone's home or belongings, including through installed devices
- Sending messages or objects through a third party, or posting personal information online, in a way that causes the target fear
Notably, this covers ex-partners and ex-spouses just as it covers strangers — a large share of reported cases involve someone who won't accept that a relationship has ended.
→How Fast Protection Can Actually Happen
What makes Korea's system unusual is speed. Police don't need to wait for a court date to intervene.
- Emergency measure (긴급응급조치, ginggeup eunggeup jochi) — police can issue this on the spot, ordering the alleged stalker to stay away from the victim and cease contact, without a judge's approval, when there's an urgent risk
- Provisional measure (잠정조치, jamjeong jochi) — a court-approved order, requested by police or prosecutors, that can bar approach within 100 meters, ban all contact including electronic messages, and in escalating cases order detention
- Criminal investigation — stalking is now prosecuted as a standalone crime, separate from any protection order, carrying penalties up to several years' imprisonment, higher where a weapon was involved or the order was violated
Violating a provisional measure (잠정조치) is itself a separate criminal offense — it doesn't just void the order, it can mean immediate detention.
→How to Actually Report It as a Foreign Victim
You do not need to already have a lawyer to start this process. Reporting can be done directly to police (경찰, gyeongchal) at any station, or through the emergency line 112. Language should not stop you from reporting — police stations in areas with significant foreign populations often have interpreter access, and interpretation services can be requested. What matters most in the first report:
- Bring documentation immediately — screenshots of messages, call logs, photos or video of the person near your home or workplace, timestamps
- Describe the pattern, not just the most recent incident — a single scary message is easier to dismiss than a documented pattern over weeks
- Ask specifically about an emergency measure (긴급응급조치) if you feel at immediate risk — don't assume police will offer it unprompted
- Get the case or report number so you or an attorney can follow up on its status
→If You've Been Accused of Stalking
Foreigners are sometimes accused of stalking (스토킹) in situations that feel, to them, like ordinary post-breakup contact — repeated attempts to "just talk," showing up somewhere to apologize, or messaging that continues after being asked to stop. Because emergency and provisional measures can be issued quickly and without an extended hearing, an accused person can find themselves under a formal no-contact order before fully understanding the process. This is a criminal matter, not a misunderstanding to sort out informally: violating an emergency or provisional measure — even a well-intentioned message meant to apologize — is itself a separate offense. If you've received notice of a measure against you, the single most important thing is strict, complete compliance with its terms while you get legal advice, not attempting to explain yourself directly to the other party.
→The Visa and Immigration Angle
For foreign residents, a stalking case has consequences beyond the immediate protection order. A criminal conviction for stalking can affect visa renewal, F-5 permanent residency eligibility, and in serious cases can support deportation proceedings. For victims, an active, documented stalking case has in practice supported requests to change sponsoring employer or address urgent housing needs — situations where immigration authorities are generally more responsive when there is an official police or court record behind the request.
→What to Do Right Now
- If you're being stalked: document everything, report to police (경찰) or call 112, and explicitly ask about an emergency measure (긴급응급조치) if you feel unsafe
- If a provisional measure (잠정조치) has been issued against you: comply with it exactly and get legal advice before any further contact, direct or indirect
- Either way, keep records — the case moves fast, and having your own timeline and evidence organized helps whichever side of it you're on
- Consult a Korean attorney early — the emergency-measure system moves in days, not months, and decisions made in the first week often shape how the rest of the case goes