A terminal-state-setting apparatus and a method using a distance between a portable communication terminal and a user are provided. The terminal-state-setting method in the portable communication terminal includes measuring a distance between the terminal and a user-distance-recognizing device using a radio communication; and setting a state of the terminal according to the measured distance value. The user does not have to manually set the terminal state through the menu setup, and the user state can be accurately reflected through a presence service.