Fine for Intrusion upon Habitation | A Tenant Filed an Intrusion upon Habitation Complaint Creating a Risk of a Fine, and a Non-Prosecution Defense Succeeded

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 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.

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.

▶ 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.