Can I report the crime of intrusion upon habitation?

Under Article 319 of the Criminal Act, the crime of intrusion upon habitation is a crime that can be established when a person, without permission, enters another person's residence, structure, vessel, aircraft, or the like, or remains despite a request to leave.

Therefore, if you explicitly prohibited entry or requested that he leave, yet your boyfriend entered or remained in your home, it may constitute intrusion upon habitation.

In this case, to report the crime of intrusion upon habitation, securing objective evidence is very important.

▷ CCTV footage, entry records

▷ Messages or call records containing content prohibiting entry into the home

▷ Records that can prove repeated visits or the circumvention of security devices

When you secure such materials and report to the police, conveying in detail the circumstances of the incident, its repetitiveness, and whether security devices were circumvented is helpful to the progress of the investigation.

If the crime of intrusion upon habitation is recognized, the other party may be subject to imprisonment with labor for up to 3 years or a fine of up to 5 million won.

In this regard, many people, fearing retaliation after reporting, are unable to readily decide to report.

If a risk of retaliation or a threat to your safety is anticipated during the reporting process, combining personal-protection measures such as security services with legal measures can enhance your safety.