CONTENTS
- 1. The Story of a Client Facing the Risk of a Fine for Intrusion upon Habitation
- - The Risk of a Fine for Intrusion upon Habitation: How the Attorney Assisted
- - The Client Facing the Risk of a Fine for Intrusion upon Habitation Receives a Non-Prosecution Disposition
- 2. A Fine for Intrusion upon Habitation: In What Cases Does It Apply
- - The Elements of Intrusion upon Habitation
- - The Standard for a Fine for Intrusion upon Habitation
- 3. If You Wish to Respond to a Fine for Intrusion upon Habitation
- - Points to Check When Responding on Your Own
1. The Story of a Client Facing the Risk of a Fine for Intrusion upon Habitation
The story of the client who visited Daeryun Law Firm due to the risk of a fine for intrusion upon habitation is as follows.
The client was a landlord who owned a villa building and had a lease agreement with tenant A (hereinafter the victim).
At the time, a leak had occurred in the building due to the monsoon, and the client contacted the victim to say that interior construction work on the building was needed.
However, the victim had not paid rent for several months and was avoiding the client's contact, and so he likewise did not respond to the client's message that construction work was necessary.
Having no other choice, the client told the construction company to proceed with the work after obtaining the victim's consent, and the construction company accordingly proceeded with the work after reaching an agreement with the victim.
After the work was completed, the client briefly entered the victim's home to check whether the work had been done properly.
In the process, the client learned that the victim had been unlawfully remodeling and using the space, and the client photographed the space in question and sent the victim a message stating, "This kind of conduct is unlawful, so please remove the remodeling immediately."
The victim then filed an intrusion upon habitation complaint, claiming that the client had unlawfully entered his home, and the client, now facing the risk of a fine for intrusion upon habitation, requested a consultation with a specialist attorney at Daeryun.
The Risk of a Fine for Intrusion upon Habitation: How the Attorney Assisted
1) Rebutting the Validity of the Intrusion upon Habitation Complaint Through Case Law
The attorney relied on a precedent in which a defendant who had obtained the victim's prior permission to enter the residence and held a key was acquitted, namely the Seoul Central District Court judgment of April 12, 2017, Case No. 2016 Go-jeong 3429.
On this basis, the attorney rebutted the charge raised by the intrusion upon habitation complaint, pointing to the fact that at the time of concluding the lease agreement, the contract expressly stated, "Where there are special circumstances such as repair of defects, the landlord may enter the tenant's space," and that consent and understanding regarding entry had been obtained in advance through the construction company.
2) Rebutting Whether the Peace of the Victim's Habitation Was Disturbed
The attorney submitted as evidence the photographs the client had taken at the time to check whether the interior construction had been properly completed.
On this basis, the attorney emphasized that the client had no intention of disturbing the peace of the victim's habitation and acted solely with the genuine purpose, as the landlord, of checking whether the building's construction had been properly completed.
The attorney also explained the victim's record of unpaid rent and the circumstances of the unlawful remodeling of the property, strongly asserting that the victim had deliberately filed the intrusion upon habitation complaint in order to avoid the client's demand for restoration to the original state and other matters of settlement.
The Client Facing the Risk of a Fine for Intrusion upon Habitation Receives a Non-Prosecution Disposition
The investigative agency comprehensively considered ▲the fact that the lease agreement expressly contained a clause permitting entry in the event of defect repair, ▲the fact that consent to entry had been obtained in advance through the construction company, and ▲the fact that there was no intent to disturb the peace of the habitation.
As a result, it determined that the client's conduct did not amount to intrusion upon habitation and rendered a non-prosecution disposition.
The client was thereby able to escape the risk of a fine for intrusion upon habitation and conclude the case without criminal punishment.
2. A Fine for Intrusion upon Habitation: In What Cases Does It Apply
A fine for intrusion upon habitation is a fine imposed when a person unlawfully enters another person's residential space.
The "residence" referred to here includes a place where a person dwells and uses for sleeping and living, and also includes spaces used temporarily, such as a hotel room, a tent, or a camper van.
In the case of a structure (such as a factory, garage, or theater that is a structure in which people dwell and that they may enter), the surrounding grounds may also be included.
The Elements of Intrusion upon Habitation
Element | Key content |
A place that is dwelled in or managed | Not only buildings such as apartments and villas, but also elevators, stairs, hallways, and gardens are included
(temporary living spaces such as tents, camper vans, and caravans also apply) |
Consent of the resident or manager | Entering without the resident's consent establishes intrusion upon habitation
(even if one enters with permission, failing to leave after a request to leave establishes the offense of refusal to leave) |
Intent | It is established where a person, knowing that the place is another's residence or managed place, intentionally intrudes |
Bodily intrusion | It can be established even if only part of the body enters
(entry of only a part such as a hand, foot, or head may be deemed intrusion upon habitation) |
The Standard for a Fine for Intrusion upon Habitation
Article 319 of the Criminal Act, if intrusion upon habitation is established, the offender may face imprisonment of up to three years or a fine of up to five million won.
If a person demonstrates the collective force of a group or a crowd, or carries a dangerous object, the conduct amounts to special intrusion upon habitation, and the offender may face imprisonment of up to five years.
Accordingly, it should be noted that a fine for intrusion upon habitation may vary depending on the degree of the suspect's conduct.
3. If You Wish to Respond to a Fine for Intrusion upon Habitation
In order to respond to a fine or punishment for intrusion upon habitation, it is important to organize the circumstances at the time of the incident in detail and to comprehensively assess whether the peace of the habitation was disturbed, the intent and degree of the stay, and the victim's intention.
In particular, if you are responding on your own, you must be sure to check the following points.
Points to Check When Responding on Your Own
▶ You should assess the degree of disturbance to the peace of the habitation
In assessing a fine for intrusion upon habitation, how much the victim's peace was actually disturbed is important.
If only part of the body entered briefly, and the victim was unaware of it or left immediately, you should actively argue that the degree of disturbance was minor.
▶ You should organize the circumstances and the duration of the stay at the time of entry
Whether anyone was present in the space at the time of entry and how short the stay was are also important factors in the assessment.
If the resident was absent and you left immediately after briefly checking, you need to explain the matter with a focus on the weakness of the intent.
▶ You must be sure to confirm the victim's intention regarding punishment
If, through an amicable settlement, the victim has expressed that he does not wish to see punishment imposed, the likelihood of a reduction in the fine for intrusion upon habitation increases.
It is advisable to organize the content of the conversations, the settlement process, and whether an expression of no desire for punishment was made into objective materials.
If you need a more detailed analysis of the situation and a response strategy in connection with a fine for intrusion upon habitation, we recommend that you review a direction suited to your case through a consultation with a specialist attorney at Daeryun Law Firm.
Through a 🔗legal consultation with Daeryun, the ninth-largest law firm in Korea (based on 2025 value-added tax filings with the National Tax Service), you can receive guidance on a realistic response plan tailored to the circumstances of your case.
This content is based on actual case studies of Daeryun Law LLC with some adaptations, and the copyright belongs to our firm.
Unauthorized reproduction, duplication, or distribution and other copyright infringements may result in legal action under applicable laws.
