Key Summary
Under Korean law, if you are accused of entering an ex-partner’s home or another protected place without permission in Korea, preserve messages about access, keys or codes, prior living arrangements…
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- What does Korean law focus on in this situation? Article 319 of the Criminal Act governs intrusion into another person’s residence, managed building, structure, vessel, occupied room, and refusal to leave in covered circumstances. In an ex-partner case, past access or an old door code does not by itself answer whether there was present authority or permission to enter at the time in question.
- What should you do before a police interview or report? Preserve messages about access, keys, belongings, moving out, and any invitation or refusal. Record whether you lived there, paid rent, had personal property inside, and when your right or permission to enter allegedly ended. If you used an old key or door code, state that fact accurately rather than describing the door as simply “open.” Do not return to collect evidence or belongings after a clear no-entry instruction without lawful arrangements.
- What evidence should be preserved? The most important evidence often concerns permission and possession before the entry, not only what happened after police were called.
- Which facts can change the legal analysis? The central question is usually whether current permission or lawful possession existed at the time of entry. 1. Who controlled the premises that day? Past cohabitation and current possession should be distinguished. 2. Was permission expressly or implicitly given? Specific invitation, routine access, and revoked access may point in different directions. 3. How did you enter? Key, code, unlocked door, force, or following someone in should be stated precisely. 4. Why did you enter? Collecting belongings can explain motive but does not automatically create a right of entry. 5. Did you leave when asked? Remaining after a clear demand to leave can affect the factual picture.
- What will police compare with your statement? Door-lock logs, building access records, messages, location history, and CCTV may show exactly when access occurred and whether the parties communicated before entry. Do not tamper with smart-lock history or ask the other person to change messages after the event.
- What should a foreigner check about interpretation and the Korean statement? For a residential-trespass investigation, the interpreter should preserve concrete verbs, permission, sequence, and intent. Check the Korean record against the exact place entered, present permission at that time, how entry occurred, whether permission had been withdrawn, and what happened after a request to leave rather than accepting a broad legal label as a substitute for what actually happened.
- Can this affect a visa or immigration status? A foreign suspect facing a residential-trespass investigation should assess immigration consequences separately after the alleged conduct, harm, likely disposition, status, and prior record are known. A police report alone does not establish an automatic visa outcome, and the factual statement should not be distorted for immigration reasons.
- What can a Korean criminal lawyer add? A lawyer can map past cohabitation, current possession, permission, the method of entry, and the reason for access, then prepare the statement without confusing “I once had a key” with “I had permission on that date.”
- FAQ Q. If I still had a key, can it still be trespass? A. Yes. Possession of an old key does not automatically prove current permission to enter.
Under Korean law, if you are accused of entering an ex-partner’s home or another protected place without permission in Korea, preserve messages about access, keys or codes, prior living arrangements, entry records, CCTV, and what happened when you arrived or were asked to leave. Article 319 of the Criminal Act makes the actual authority or permission to enter at that time a key issue.
For a residential-trespass investigation, the most useful evidence is often short-lived real-world material. Identify and preserve messages about permission, keys or access codes, lease or living arrangements, entry logs, CCTV, and any request to leave before footage is overwritten, items are repaired, or witnesses lose detail.
What does Korean law focus on in this situation? Article 319 of the Criminal Act governs intrusion into another person’s residence, managed building, structure, vessel, occupied room, and refusal to leave in covered circumstances. In an ex-partner case, past access or an old door code does not by itself answer whether there was present authority or permission to enter at the time in question.
Trespass disputes often arise after relationships, shared housing, breakups, key possession, or disputes over belongings. Having entered the place many times in the past does not necessarily answer whether you had permission on the day in question. Police may examine who had possession or control of the place, whether permission was revoked, how entry occurred, whether a key or code was used, what the person did inside, and whether they left when asked.
What should you do before a police interview or report? Preserve messages about access, keys, belongings, moving out, and any invitation or refusal. Record whether you lived there, paid rent, had personal property inside, and when your right or permission to enter allegedly ended. If you used an old key or door code, state that fact accurately rather than describing the door as simply “open.” Do not return to collect evidence or belongings after a clear no-entry instruction without lawful arrangements.
In a residential-entry case, preserve door-entry logs, hallway or elevator CCTV locations, messages about access, and any key or code history before those records disappear. The practical question is who controlled the premises and what permission existed on the date of entry.
What evidence should be preserved? The most important evidence often concerns permission and possession before the entry, not only what happened after police were called.
| Item | Why it matters | How to preserve it |
|---|---|---|
| - | - | - |
| Messages about permission or refusal | Can show invitations, access limits, moving-out agreements, or revocation | Preserve the full thread before and after the relevant date. |
| Lease, rent, or residence records | May show who lived in or controlled the premises | Keep lease documents, payments, registrations, and move-out records. |
| Key or access-code history | Can explain how entry occurred and whether access had been changed | Record what key or code was used and any change notices. |
| CCTV or building access logs | Can show time, manner of entry, and duration | Ask for preservation of the exact entrance and time window. |
| Property-return communications | May show a legitimate reason for seeking access, though not automatic permission | Save lists of belongings and arrangements for collection. |
For a residential-trespass investigation, preserve messages about permission, keys or access codes, lease or living arrangements, entry logs, CCTV, and any request to leave in original form whenever possible. Use separate working copies for translation or annotation so the evidentiary source remains identifiable.
Which facts can change the legal analysis? The central question is usually whether current permission or lawful possession existed at the time of entry. 1. Who controlled the premises that day? Past cohabitation and current possession should be distinguished. 2. Was permission expressly or implicitly given? Specific invitation, routine access, and revoked access may point in different directions. 3. How did you enter? Key, code, unlocked door, force, or following someone in should be stated precisely. 4. Why did you enter? Collecting belongings can explain motive but does not automatically create a right of entry. 5. Did you leave when asked? Remaining after a clear demand to leave can affect the factual picture.
What will police compare with your statement? Door-lock logs, building access records, messages, location history, and CCTV may show exactly when access occurred and whether the parties communicated before entry. Do not tamper with smart-lock history or ask the other person to change messages after the event.
Police will usually reconstruct a residential-trespass investigation as a concrete sequence of actions. Keep the statement centered on the exact place entered, present permission at that time, how entry occurred, whether permission had been withdrawn, and what happened after a request to leave instead of filling gaps with unrelated technical explanations or legal labels.
What should a foreigner check about interpretation and the Korean statement? For a residential-trespass investigation, the interpreter should preserve concrete verbs, permission, sequence, and intent. Check the Korean record against the exact place entered, present permission at that time, how entry occurred, whether permission had been withdrawn, and what happened after a request to leave rather than accepting a broad legal label as a substitute for what actually happened.
Before signing the Korean statement in a residential-trespass investigation, verify the exact place entered, present permission at that time, how entry occurred, whether permission had been withdrawn, and what happened after a request to leave. Distinguish facts you personally know from estimates, inferences, or information learned from someone else.
Can this affect a visa or immigration status? A foreign suspect facing a residential-trespass investigation should assess immigration consequences separately after the alleged conduct, harm, likely disposition, status, and prior record are known. A police report alone does not establish an automatic visa outcome, and the factual statement should not be distorted for immigration reasons.
What can a Korean criminal lawyer add? A lawyer can map past cohabitation, current possession, permission, the method of entry, and the reason for access, then prepare the statement without confusing “I once had a key” with “I had permission on that date.”
FAQ Q. If I still had a key, can it still be trespass? A. Yes. Possession of an old key does not automatically prove current permission to enter.
Q. Can I enter to collect my belongings?
A. Having belongings inside may explain why access is requested, but it does not automatically authorize entry after permission has been withdrawn. Arrange lawful collection instead.
Q. Does knowing the door code mean I had permission to enter?
A. Not necessarily. Past access and present permission are different facts; preserve messages and living or access arrangements that show the situation at the time.
Q. What should I send before consultation?
A. Send access/permission messages, prior residence or key/code facts, entry logs/CCTV, event timeline, and police interview details.
For a focused review, send access/permission messages, prior residence or key/code facts, entry logs/CCTV, event timeline, and police interview details. Email the materials to dylee@newlawyer.co.kr. English and Chinese consultations are available. This content is general legal information and does not guarantee a particular result.
Already outside Korea and planning to return? If there's an unresolved criminal matter in Korea, it's worth reviewing your situation before you board your flight — a Provisional Retainer (가선임) puts a Korean criminal defense attorney on your case in advance, so counsel is already briefed and ready to respond if you're contacted by police after you arrive.
📧 dylee@newlawyer.co.kr https://koreacriminalattorney.com/en/before-entering-korea-criminal-lawyer
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