The Korean Supreme Court has reaffirmed that stalking can be punished even when the victim did not actually realize they were being stalked at the time.

In this case, the defendant A was charged with violating the Act on the Punishment of Stalking Crimes after stalking the victim six times over about ten days, including secretly following, watching, and waiting for the victim—sometimes for more than 24 hours at a time.

At the time of the conduct, the victim was not aware that A was following and monitoring them.

Under the (pre-amendment) Stalking Punishment Act, “stalking act” is defined as behavior that, against the other person’s will and without justifiable reason, is sufficient to cause anxiety or fear in the victim; if such acts are continued or repeated, they amount to a “stalking crime.”

The Supreme Court relied on its 2023 precedent, which held that:

If, objectively and generally, the conduct is serious enough to cause anxiety or fear in the other person,

Then it qualifies as a stalking act regardless of whether the victim actually perceived it in real time.

When such acts are continuous or repeated, a stalking crime is established.


Based on this legal standard, the lower courts (1st and 2nd instance) found A guilty, noting that:

Some of the behavior continued over 24 hours,

And, even if the victim did not realize it then, the acts were sufficient to cause anxiety or fear and were continuous and repeated.


A appealed to the Supreme Court, arguing legal error, but the Court’s Third Division (Presiding Justice Noh Kyung-pil) dismissed the appeal on October 30, holding there was no misunderstanding of the law, thereby finalizing the guilty verdict.

Practically, the ruling confirms that in Korean law the focus is on the objective risk and seriousness of the conduct, not on whether the victim happened to notice it at the time—making it easier to punish secret following, surveillance, and waiting behavior caught on CCTV or discovered later.

Article: https://www.sisajournal.com/news/articleView.html?idxno=353135