South Korea’s top court rules that deliberate noise constitutes stalking
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The Act on Punishment of Crime of Stalking stipulates that the crime can be punishable by up to three years in prison.
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SEOUL – The South Korean Supreme Court on Dec 14 upheld a ruling by a lower court that issued a suspended jail term for stalking to a man who deliberately made noise to pester his neighbour.
It marks the first time South Korea’s highest judicial body has decided that such a crime constitutes stalking.
The defendant, in his 30s, was sentenced to eight months in prison, suspended for two years, on the charge of stalking.
The Act on Punishment of Crime of Stalking stipulates that the crime can be punishable by up to three years in prison or 30 million won (S$31,000) in fines.
According to the court, the defendant had made noise with intent to harass his upstairs neighbour 31 times from Oct 22 to Nov 27 in 2021.
The incidents took place inside his home at a multi-household residential building in the south-eastern city of Gimhae.
The investigation found that he had pounded the ceiling, played gospel songs loudly and shouted while playing video games, mostly in the early hours of the day.
The verdict from a lower court stated that video footage and other pieces of evidence provided by the victim were enough to prove that the defendant made noise deliberately for his neighbours to hear.
“Inter-floor noise emitted during a dispute between neighbours would not constitute stalking in itself. But judging by the relationship between the defendant and the victim, his specific actions and reasons behind it and other factors related to the matter show that what the defendant did are continuous and repeated actions to cause anxiety and fear in the other person, and thus can be considered stalking,” the Supreme Court said in its ruling.
It also pointed out that the defendant’s actions forced several neighbours to move out of the building, and his refusal to talk to police officers called to the scene indicated that his intentions were to harass his neighbours rather than to reach a reasonable settlement.
While “making noise” is not one of the actions specified in the anti-stalking Act, the law defines stalking as actions that cause another person anxiety or fear without good reason.
The ruling on Dec 14 is the first time the South Korean Supreme Court has directly stipulated that making noise can constitute a stalking crime, setting a precedent for similar legal cases.
Inter-floor noise is a serious issue in South Korea, where most households live in shared buildings.
According to the Seoul Research Data Service, 59 per cent of the homes in Seoul are apartments, while another 29.6 per cent are multi-household residential buildings.
On Dec 11, the government said it would not authorise the completion of new apartments unless the inter-floor noise levels meet standards set by the authorities. THE KOREA HERALD/ASIA NEWS NETWORK
