Act on Punishment of Crime of Stalking

A stalking offense is established when repeated and continuous unlawful contact is carried out intentionally against the victim's will.

In addition, where the harassment continues in disregard of the victim's expressed refusal, the offense is established, and it is punishable under the Act on Punishment of Crime of Stalking.

Stalking means repeatedly carrying out, without justifiable reason and against the other party's will, any of the following acts so as to cause anxiety or fear to the other party or to that person's cohabitant or family.

The acts that constitute stalking are as follows.

In addition, this includes any act that, through various forms of continuous and unwelcome contact, causes the victim psychological distress in the form of 'fear' or 'anxiety'.

A person who commits a stalking offense is punished under Article 18 of the Act on Punishment of Crime of Stalking.

A person who commits a stalking offense using a deadly weapon or other dangerous object is subject to a heavier penalty.

▶ Article 18 of the Act on Punishment of Crime of Stalking (Stalking Offense)

In addition, the court may impose, in combination, one or more of the following measures on a person accused of a stalking offense in order to prevent reoffending, in accordance with the standards below.

Acts such as creating anxiety, making prank calls, and continuous harassment may be punished under the 「Punishment of Minor Offenses Act」 as follows.

Creating Anxiety

Prank Calls, Etc.

Continuous Harassment

Distributing obscene material or circulating unlawful information that causes fear or anxiety may be punished under the 「Act on Promotion of Information and Communications Network Utilization and Information Protection, Etc.」 (the Network Act).

Circulation of Unlawful Information

Where another offense such as assault, intimidation, or interference with business is committed together in the course of stalking, it may be punished under the 「Criminal Act」 as follows.

Regarding a stalking case in which you are involved, clearly identifying the specific facts is the first step.

You should calmly record and organize the time and place of the incident and the specific content and circumstances of the conduct.

Such records help reduce confusion and maintain a consistent position when giving statements to the investigative authorities.

It is also important to objectively review the actual circumstances in which the conduct the other party takes issue with occurred.

It is important to secure and organize evidence that can prove your conduct arose from a legitimate purpose rather than stalking.

For example, text messages, emails, call records, and similar material that can show the reason for contacting the other party was an occupational necessity or an urgent situation would apply.

In addition, CCTV footage or witness statements that can objectively prove the circumstances at the time of the incident are also important material.

The evidence secured should be systematically classified and kept, and prepared so that it can be promptly submitted during an investigation by the authorities or in trial proceedings.

To effectively defend your position during the investigation and at trial, you should prepare a systematic response strategy.

During questioning, it is important to maintain calm and consistent statements and to avoid emotional reactions or retracting statements.

Where necessary, consulting an attorney to obtain legal advice and preparing documents to be submitted to the investigative authorities and the court, such as evidence and written opinions, is also part of the strategy.

It is important to prepare in advance sentencing material that may affect the sentence at trial.

You should gather material that can demonstrate your usual conduct in daily life, your occupation and social activities, your family relationships, and your efforts toward recovery from the harm.

For example, certificates of good conduct, letters of recommendation, treatment records, and community service records would apply.

① Proving the Stalking Conduct

You must prove that the stalking conduct defined in the Act on Punishment of Crime of Stalking, that is, approaching or following the other party against their will or repeatedly attempting to contact them, was carried out continuously or repeatedly.

A single one-time act alone may not satisfy the requirements for punishment, so circumstances that can support the repetition and continuity of the conduct are important.

② Securing Evidence

To prove stalking harm, it is necessary to secure as much of the following material as possible.

③ Reporting to the Police or Filing a Complaint

Based on the evidence secured, you can visit the competent police station or the cybercrime investigation unit in person, or file a criminal complaint to pursue a complaint on charges of violating the Act on Punishment of Crime of Stalking.

Submitting a written document that systematically organizes the facts of the harm, the repetition of the stalking, and the evidence gathered can assist the investigation.

④ Applying for Provisional Measures

Where there is a concern that the stalking conduct will continue, you can apply to the court for provisional measures with the cooperation of the investigative authorities.

Provisional measures are an important system for protecting the personal safety of the victim, so it is advisable to make active use of them depending on the situation.

▷ Claim for Consolation Money (Solatium)

Where you have suffered psychological distress as a result of stalking conduct, you can claim consolation money against the offender.

The amount of the consolation money is determined by the court, taking into account the specific content of the stalking conduct, its duration, and the degree of harm, among other factors.

▷ Claim for Damages

Where property damage such as medical expenses or loss of living expenses arises from stalking, you can claim damages for it.

For a claim for damages, it is important to prove the actual economic loss incurred.