If you continue to approach or attempt to contact someone after they have clearly expressed that they do not wish to be contacted, this may be treated as stalking by a foreign national under Korean law.
If your actions—such as sending messages, delivering gifts, or repeatedly appearing at specific locations—cause the other person to feel discomfort or fear, the situation may develop into a legal issue regardless of your personal intent, and you may become subject to a police investigation.
In particular, if such contact is accompanied by physical threats or aggressive language or behavior, the matter may escalate beyond ordinary stalking to dating violence, which carries heavier penalties. In such cases, if the fine exceeds a certain threshold or a criminal conviction is finalized, the case may proceed to forced deportation review procedures.
Although you may view your actions as expressions of emotion, Korean law assesses stalking based not on the actor’s intent, but on whether the victim experienced fear or anxiety. As a result, explanations or justifications are often not accepted.
Therefore, if appropriate action is not taken at the early investigation stage of a stalking case involving a foreign national, the consequences may include not only criminal punishment but also serious disadvantages affecting your immigration status. A response strategy that considers both criminal defense and immigration procedures together is essential.
Contents
1. Repeated Contact Can Lead to a Stalking Offense—Regardless of Intent
2. If Violence or Threats Are Involved, the Case May Be Classified as Dating Violence and Lead to Deportation Review
3. Preparation of Evidence and Statements Before Police Investigation Can Directly Affect Your Residency Outcome
4. Immigration Status Is Determined by the Direction of Your Response
1. Repeated Contact Can Lead to a Stalking Offense—Regardless of Intent
The criteria for determining stalking are not based simply on how many times contact was made, but on whether the other person felt fear or anxiety, and whether the situation continued repeatedly.
In cases involving stalking by foreign nationals, actions arising from cultural differences often become the subject of police investigations, and the legal boundaries are far clearer—and stricter—than many expect.
If messages continue to be sent after a refusal has been clearly expressed, or if someone repeatedly appears near the other person’s workplace or home under the guise of coincidence, the conduct may be deemed a violation of the Stalking Punishment Act, even if the person believed it to be a friendly gesture.
Common behaviors that raise issues in actual investigations include:
- Continuing to send messages despite being told not to make contact
- Waiting for or following the other person at specific locations
- Repeated phone calls, or posting comments and sending DMs on social media
- Attempts to track the other person’s location, or deliberately delivering gifts that intrude on personal privacy
If such contact continues over a period of time, it may result in criminal punishment rather than a simple administrative fine, and the possibility of a custodial sentence exceeding a monetary fine cannot be ruled out.
Furthermore, once a criminal conviction is finalized, immigration authorities may review the case for forced deportation under the Immigration Control Act. If dating violence provisions are also applied, the matter is likely to be treated far more severely.
For these reasons, it is crucial not to underestimate the fact that even minor actions, when repeated, can be interpreted as criminal conduct.
2. If Violence or Threats Are Involved, the Case May Be Classified as Dating Violence and Lead to Deportation Review
If a stalking case involving a foreign national goes beyond simple attempts at contact or meetings and is accompanied by physical confrontation or threatening language or behavior, the police may reclassify the case as dating violence and expand the scope of the investigation.
At this stage, in addition to stalking, separate criminal charges—such as assault, intimidation, or bodily injury—may be applied individually, significantly increasing the level of criminal punishment.
The main charges commonly applied at the prosecution stage include:
- Assault: Up to 2 years’ imprisonment or a fine of up to 5 million KRW
- Intimidation (Threats): Up to 3 years’ imprisonment or a fine of up to 5 million KRW
- Bodily Injury: Up to 7 years’ imprisonment or a fine of up to 10 million KRW
If a guilty verdict is issued for any one of these offenses, the details are shared with the immigration office as part of the individual’s residence status review.
As a result, a series of immigration-related disadvantages may follow, including visa renewal denial, loss of residence status, or inclusion in forced deportation review procedures. Moreover, if the court’s judgment mentions a risk of reoffending or social danger, many foreign nationals may also face restrictions on future entry into Korea.
Even if the actions were believed to be expressions of affection, repeated approaches can constitute grounds for criminal punishment and may ultimately escalate into serious immigration consequences.
For this reason, it is essential from the very early stages of the case to adopt a strategy that takes into account both criminal defense and immigration review simultaneously.
3. Preparation of Evidence and Statements Before Police Investigation Can Directly Affect Your Residency Outcome
In cases of stalking involving a foreign national, a police investigation is not a simple fact-checking procedure—it is a critical process that can affect not only whether criminal punishment is imposed, but also the possibility of forced deportation.
In actual investigations, the flow of a statement or even a single choice of words may be interpreted in unexpected ways and work against the individual. Therefore, if you are facing an investigation, you should prepare materials in advance that allow you to clearly and specifically explain your position, such as the following:
- Materials Helpful to Prepare Before a Police Investigation
- Message records showing who initiated contact first, along with timing and frequency
- Conversation histories that demonstrate there was mutual interaction, rather than one-sided contact
- Materials explaining the purpose or context behind gift-giving or attempts to meet
- A written statement of reflection or apology prepared after the incident
Especially in cases where dating violence charges are also under consideration, statements made at the early investigation stage can determine the course of the entire case.
Without the assistance of a legal representative, it is not uncommon for statements to be mischaracterized, or for crucial context to be omitted from the official record, leading to unintended consequences.
Establishing a response strategy from the initial investigation stage that simultaneously considers criminal proceedings and immigration issues is the most practical way to minimize unnecessary disadvantages.
4. Immigration Status Is Determined by the Direction of Your Response
In cases of stalking involving a foreign national, even ordinary contact may result in criminal liability if it is found to have occurred repeatedly. When dating violence provisions are applied together, some cases proceed to forced deportation review by immigration authorities.
Once a guilty verdict is finalized, the consequences often extend beyond a simple fine. Visa renewal may be denied, or the residence status itself may be terminated, leading to substantial and practical disadvantages. This is why early response is critically important.
① If you are about to undergo a police investigation for stalking as a foreign national, it is essential to organize relevant records in advance so that the timeline of contact and the nature of the relationship can be explained clearly and without misunderstanding.
② If a guilty determination for dating violence has already been issued, you must prepare step-by-step response measures to ensure that your residence permission can be maintained during immigration review.
We provide support in the following real-life situations:
- Coordinating the initial narrative to prevent statements from being recorded in a manner that is unfavorable
- Developing response strategies for each stage of the immigration review process
- Handling objection and appeal procedures after a deportation or removal notice is issued
Because interpretive standards differ by country, even a single sentence in a statement can affect one’s residence status.
Ultimately, just as important as the outcome of a foreign national stalking case is how the situation was explained and on what grounds. Every step of this response process can become a decisive factor in whether residency is maintained or lost.
Multilingual consultation available in English and Chinese.
Professional interpreters assist from the first consultation to the conclusion of the case.
Offices in Seoul, Daejeon, Busan, Daegu, and Gwangju
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