What conditions are required to report unauthorized residential intrusion?

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A few years ago, I drafted a loan agreement, got it notarized, and lent money to an acquaintance. But even though the agreed repayment date has passed, they still haven't repaid. I'm wondering if I can immediately enforce the claim through compulsory execution in this situation. Is debt collection through compulsory execution possible?

unauthorized residential intrusion

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作者: 정찬우

As you inquired, if someone enters your residential space without permission, the crime of unauthorized residential intrusion may be established.

The crime of residential intrusion is stipulated in Article 319 of the Criminal Act, and is a crime established when one intrudes into another person's residence, building, ship, etc. without justifiable reason.

Accordingly, the perpetrator may be punished with imprisonment of up to 3 years or a fine of up to 5 million won.

The scope of intrusion is not limited to cases of entering indoors but also includes spaces such as the yard or veranda where the protection of the residence extends.

However, the actual location must be examined, and after considering whether the crime is established and the detailed facts, you may be able to proceed with a complaint.

It seems you are wondering about legal responses to unauthorized residential intrusion and personal protection measures.

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

In addition, if necessary, you can also apply for protective orders such as a "temporary measure of access prohibition" through the court.

However, in reality, personal protection measures may be limited, so if necessary, using private security services is also a good method.

In situations where it is difficult to handle alone, please be sure to receive the assistance of experts to combine stable protection measures.