Stalking Report
Overview
Stalking reporting is the procedure by which a victim who feels anxiety due to another person's persistent or repeated approach or contact informs police or other investigative authorities of the damage and requests protection and punishment. In Korea, under the Act on the Punishment of Stalking Crimes (스토킹범죄의 처벌 등에 관한 법률, hereinafter the Stalking Punishment Act), which took effect on October 21, 2021, stalking is regulated as an independent crime; police can take emergency measures immediately upon report, and courts can order provisional measures. Reporting is important as the starting point of a process that goes beyond a simple report to victim protection orders, housing support, and legal aid.
Main Content
1. Requirements for Establishing a Stalking Crime
Under the Stalking Punishment Act, stalking behavior includes approaching or following another person against their will without justifiable reason, waiting for or watching the person at their residence or workplace, contacting them through communication means, causing objects or writings to reach them, and providing or distributing personal information or location information to a third party. A stalking crime is established when such stalking behavior is committed continuously or repeatedly and causes the other person to feel anxiety or fear. Even a single act may also be subject to other offenses such as special intimidation or special assault if it is serious or involves a dangerous object such as a weapon.
2. Reporting Methods and Procedure
The fastest method is to call 112 or use the Korean National Police Agency's SafeDream (안전Dream) or the Women's Emergency Call 1366. When reporting, the reporter must accurately convey ① the relationship with the perpetrator, ② when and how often the stalking began, ③ the specific details of the acts (time, place, method), and ④ the current level of danger (such as possession of a weapon, attempted home intrusion, or threatening remarks). Police officers dispatched confirm the victim's statement and evidence, receive the case, and take emergency measures if necessary. The case then proceeds through investigation, transfer, and prosecution, and the victim is assigned a case number and can check the progress.
3. Emergency Measures and Provisional Measures
Emergency measures may be issued by a judicial police officer ex officio or upon the victim's application and include suspension of stalking behavior, prohibition of approach using communication means such as mobile phones, and prohibition of approach within 100 meters. Courts may decide provisional measures separately from criminal proceedings, including prohibition of approach through writings, sound, or images; prohibition of approach within 100 meters; prohibition of approach using telecommunications; attachment of an electronic device; and detention in a police lockup or detention center. An extension of provisional measures can be applied for after a certain period, and violation is subject to separate criminal punishment.
4. Punishment and Victim Protection
Stalking crimes are punishable by imprisonment or a fine, and the statutory penalty and protective measures have been strengthened through repeated amendments. In particular, the amended law passed by the National Assembly in 2023 and enforced in January 2024 deleted the provision making the offense not punishable against the victim's will (반의사불벌죄), a measure intended to prevent victims from being pressured into settlement or withdrawal of complaints. Apart from criminal proceedings, victims can receive admission to victim protection facilities, support for relocation, personal protection (issuance of a smartwatch), free legal counseling from the Korea Legal Aid Corporation, and court-appointed defense counsel support.
5. Precautions When Reporting
Securing evidence is key in stalking cases. It is advisable to organize text messages, messenger conversations, social media DMs, call records, photos and videos, CCTV footage, witness contact information, and medical records in chronological order. When writing a victim diary, record the date, time, place, act, witnesses, and the sense of threat felt at the time in detail. In addition, if retaliation by the perpetrator is feared after reporting, it is necessary to apply for personal protection, keep the residence confidential, and establish a cooperation system with the workplace or school. If the police make a non-referral decision, the victim can request a reinvestigation through an objection procedure.
Recent Trends
In 2024–2025, the patterns of stalking are rapidly changing to digital and technology-based forms. As new types emerge, such as location tracking using AirTags or GPS devices, account surveillance through hacking, and distribution of deepfake composites, discussions continue on establishing punishment provisions for online stalking. In addition, as provisional measure violations are repeated, expansion of electronic device attachment targets, strengthening of post-management, and introduction of risk assessment tools at the initial response stage are being discussed as policy tasks. On the victim support side, expansion of protection facilities and counseling personnel dedicated to stalking victims, strengthening linkages among 1366, police, and prosecution, and distribution of workplace stalking response manuals are being promoted. As cases in which stalking leads to serious crimes such as murder become a social issue, institutional improvements are underway to increase the effectiveness of post-report follow-up management.
Related Topics
- [[스토킹처벌법]]
- [[가정폭력]]
- [[데이트 폭력]]
- [[접근금지명령]]
- [[피해자 보호제도]]
- [[112 신고]]
- [[디지털 성범죄]]