What evidence is needed to prove a stalking act?

Whether a stalking act is recognized can be judged based on the scope set forth in Article 2 of the Act on the Punishment of Stalking Crimes.

The Act defines a stalking act as approaching, following, contacting, delivering items, distributing personal information, or impersonation against the other party's will and without justifiable reason, causing the victim anxiety or fear.

If such acts occur continuously and repeatedly, the victim can file a criminal complaint against the perpetrator for stalking, which can result in imprisonment for up to 3 years or a fine of up to 30 million won.

To prove damage from a stalking act, the following evidence collection is important.

① Communication records - text messages, KakaoTalk, SNS DMs, phone records, and other unnecessary or persistent contact records

② On-site evidence - CCTV or vehicle dashcam footage showing waiting or following around living spaces such as home, workplace, or academy

③ Item-related evidence - unwanted gifts or letters, threatening notes, photos of items left in front of the house

④ Victim statement materials - a journal recording the situations experienced by date, witness statements

If communication records that can prove a stalking act have been deleted, considerable recovery is possible through digital forensics techniques, and in such cases, it is wise to proceed with the help of a forensics expert.

In conclusion, repeated and unwanted approaches or contacts that cause anxiety or fear may constitute a stalking act, and you should keep in mind that thorough collection of evidence is key in the reporting and investigation process.

Daeryun, Korea's 9th largest law firm (based on 2025 National Tax Service VAT filings), assists in cases with accumulated experience.