Refused 13 Million Won Security Deposit... Is 7 Million Won in Damages Appropriate?

Stalking and Trespassing Case

A court has ruled that a man who stalked his ex-girlfriend by contacting her more than 40 times and unlawfully entering her residence to rummage through her drawers is liable for 7 million won in damages. The court recognized the victim's psychological suffering caused by the perpetrator’s stalking and trespassing, holding the perpetrator responsible for compensation. However, as the awarded damages for such serious crimes as stalking were lower than the 13 million won deposited as a security payment in the related criminal trial, the need to “realistically adjust” compensation amounts has been raised once again.

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Case Overview

In March 2022, Person A ended a relationship of about two and a half years with Person B. About a month later, Person B began stalking Person A, contacting her 46 times over a seven-month period via phone calls and KakaoTalk messages. In September 2022, Person B used a key to open Person A’s front door and unlawfully entered her home. In November of the same year, Person B entered the residence again using the same method and checked the vanity drawers and trash bin. In December 2022, Person B trespassed and stole clothing and other items belonging to Person A, valued at approximately 50,000 won.

In August 2024, Person B was sentenced to six months in prison, suspended for one year, for violating the Stalking Punishment Act, trespassing, searching a residence, and theft. The court pointed out, "Given the circumstances, methods, frequency, and duration of the crimes, the nature of the offenses is quite serious." However, the court also considered as mitigating factors that Person B admitted to the crimes and had no prior convictions. The fact that Person B deposited 13 million won for Person A’s benefit was also acknowledged as a favorable factor. Nevertheless, as Person A firmly refused to accept the deposit and sought severe punishment, the court did not consider the deposit as equivalent to a settlement in sentencing.

Separately, in January 2025, Person A filed a civil lawsuit against Person B for damages. On October 1, the Uiseong Branch of the Daegu District Court ruled, "Person B must pay 7 million won to Person A" (2025Gadan91). The court found that "Person B's actions constituted an unlawful act against Person A, and Person B is liable for compensating Person A for psychological damages." Taking into account the circumstances and the nature of the unlawful acts, the court set the damages at 7 million won.

"Need to Realistically Adjust Compensation Amounts"

This ruling has reignited calls within the legal community for a more realistic adjustment of compensation amounts. A legal professional with extensive experience in civil cases stated, "Given that damages of about 100 million won are recognized even in fatal cases, awarding 7 million won in this case may be considered appropriate." However, he added, "Compensation should be sufficient to alleviate the victim’s suffering, but whether the current amounts are realistic is questionable." He emphasized, "There needs to be a broader discussion on increasing and realistically adjusting compensation amounts overall."

Another experienced legal professional commented, "The victim refused to accept the 13 million won criminal deposit, seeking severe punishment and attempting to recover psychological damages through civil litigation. If the awarded compensation is lower (7 million won), it is questionable whether this outcome is satisfactory for the victim."

The courts have begun research aimed at realistically adjusting compensation amounts. The Court Damages Litigation Research Association, established in September 2023, is referencing international cases and other resources to ensure that compensation calculations reflect societal changes and provide genuine recovery for victims.

Park Suyeon, The Law Times Reporter

※This article is based on content supplied by Law Times.

This content was produced with the assistance of AI translation services.