House intrusion crime? Residential intrusion crime? Please review whether it is established.

Hello. This is a real estate specialist attorney at Daeryun Law Firm.

To get straight to the point, in your situation, the house intrusion crime may be established.

House intrusion crime has now been renamed as residential intrusion crime. It is a crime that is established when a person intrudes into another person's residence, building, ship, etc. without legitimate reason.

House intrusion crime, or residential intrusion crime, is punishable under the Criminal Act by imprisonment for up to 3 years or a fine of up to 5 million won.

If a landlord enters a house occupied by a tenant without permission, they may be punished for residential intrusion.

In simple terms, the very fact of unlocking the door with a master key and entering without the tenant's consent can establish residential intrusion.

The level of punishment varies depending on the circumstances of the case, the victim's claims, the state of possession, the urgency, and whether or not the act was in good faith.

Therefore, it is important to assert the facts and legitimacy to the police and prosecutor from the early stage of the case through an attorney.

In your situation, you need to secure the contract expiration date, records of the tenant's lack of response to contact, photo/video evidence, and call records, and emphasize the protection of property in the house, urgency, and the inability to contact the tenant.

Also, to prevent future disputes, we recommend that you proceed with eviction measures through eviction lawsuits or compulsory execution.

If you first request consultation to defend against criminal punishment, we will provide one-stop response covering the response to residential intrusion criminal procedures and eviction lawsuit procedures.

Since residential intrusion may also result in actual imprisonment, please consult with an attorney as quickly as possible.