Namyangju Legal Consultation Assistance Case | A Client Who Obtained a Non-Prosecution Decision for a Stalking Offense Through a Namyangju Legal Consultation

The circumstances under which the client, suspected of stalking, requested a legal consultation are as follows.

The client divorced her husband through divorce mediation, and at that time the husband became the holder of parental authority and the custodian of the two children.

However, the husband did not cooperate at all with visitation between the client and the children.

As a result, she violated the mediation term that 'the client shall not make contact until the persons concerned (the children) call or contact her first' by attempting to contact them first, and the former husband's side reported the client on suspicion of stalking.

The client experienced psychological difficulties because visitation with the children was not taking place at all, and she had made contact out of concern for their well-being, so she was shocked to be suspected of stalking.

She therefore visited Daeryun for a Namyangju legal consultation in order to seek legal assistance.

“Stalking conduct” refers to conduct that, regardless of the other party's intent, intentionally follows the other party and causes psychological or physical harm.

The following acts are among those that constitute stalking.

- Approaching, following, or blocking the path of the other party

- Waiting for or watching the other party at or near the residence, school, workplace, or other place where the person ordinarily lives (hereinafter referred to as the “residence, etc.”)

- Causing objects, words, writing, symbols, sounds, pictures, images, or video (hereinafter referred to as “objects, etc.”) to reach the other party by mail, telephone, fax, or an information and communications network

- Causing objects, etc. to reach the other party directly or through a third party, or placing objects, etc. at or near the residence, etc.

- Damaging objects, etc. placed at or near the residence, etc.

A stalking offense, which in the past resulted only in minor punishment such as a fine of not more than 100,000 won, detention, or a minor fine, is now, with the enforcement of the “Act on Punishment of Crime of Stalking,” subject to stronger punishment of imprisonment for not more than 3 years or a fine not exceeding 30 million won.

Where the stalking offense is committed while carrying or using a deadly weapon or other dangerous object, it is subject to imprisonment for not more than 5 years or a fine not exceeding 50 million won.

(“Act on Punishment of Crime of Stalking,” Article 18(1) and (2))

In addition, the court may impose on a person who has committed a stalking offense one or more dispositions of an attendance order, an order to complete a stalking treatment program, or probation or community service, as necessary to prevent recidivism.

The attorney argued that the client, as the children's biological mother, mostly conveyed content expressing concern and curiosity about their well-being, such as wishing to give the children pocket money, and that, with a contact frequency of about twice a week, it was difficult to regard the conduct as continuous and repeated, so that, considering these circumstances together, it was insufficient to find that the client's conduct constituted stalking conduct.

It was argued that, after learning that the children were refusing her contact, the client understood and reflected on this, and resolved to wait patiently in the future until the children contacted her first in accordance with their wishes.

In addition, it was argued that an amicable settlement had been reached by paying a settlement amount to the former husband, the children's legal representative.