What Should I Do If Someone Files a Criminal Complaint Against Me in Korea?

Short Answer

Do not ignore it.

If someone files a criminal complaint against you in Korea, it does not automatically mean that you are guilty or that criminal charges will follow.

However, the way you respond during the early stage of the investigation can significantly affect the outcome of the case. In many situations, early mistakes are difficult to correct later.

In practice, it is generally advisable to understand the allegations, preserve relevant evidence, and carefully prepare before speaking with investigators or contacting the complainant.

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What Happens After a Criminal Complaint Is Filed?

After a criminal complaint is filed, the police or prosecution will determine whether a formal criminal investigation should proceed.

Depending on the circumstances, investigators may:

• Contact you by telephone
• Send a written summons
• Request documents or digital evidence
• Interview witnesses
• Conduct a police interview
• Collect CCTV footage or forensic evidence

A criminal complaint does not automatically result in prosecution.

Depending on the evidence, a case may ultimately result in:

• A non-forwarding decision (불송치) by the police;
• A decision not to indict (불기소) by the prosecution;
• Formal prosecution; or
• Other legally recognized procedural outcomes.

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Does a Criminal Complaint Mean You Are Guilty?

No.

A criminal complaint is simply an allegation made by another person.

Under Korean law, investigators must independently examine the available evidence before deciding whether criminal charges are appropriate.

Many criminal complaints arise from:

• Business disputes
• Contract disagreements
• Financial transactions
• Personal conflicts
• Assault allegations
• Fraud allegations
• Relationship disputes
• Misunderstood communications

Accordingly, being reported to the police does not mean that criminal liability has been established.

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Should You Contact the Complainant?

It depends.

Many people immediately try to explain the situation, apologize, or negotiate directly with the complainant.

While settlement may sometimes help resolve a dispute, contacting the complainant without careful consideration may also create additional legal risks.

For example:

• Messages may later become evidence
• Phone calls may be recorded
• Statements may be interpreted as admissions
• Repeated contact may be viewed as inappropriate pressure
• Improper communications may create additional legal issues

For these reasons, whether and how to contact the complainant should be considered carefully in light of the specific circumstances of the case.

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Should You Attend the Police Interview?

Generally, yes.

Ignoring a police summons is usually not advisable.

Although many first interviews are conducted voluntarily, failing to cooperate without a reasonable explanation may complicate the investigation.

More importantly, the first police interview often has a significant impact on the direction of the case.

Under Korean law, before questioning begins, investigators must inform a suspect of important procedural rights, including the right to remain silent and the right to the assistance of counsel.

Accordingly, preparing before the interview is generally far more beneficial than attempting to explain everything spontaneously.

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Should You Explain Everything Immediately?

Not necessarily.

Many people believe they should immediately answer every question in detail.

In practice, however, it is often important to first understand:

• What exactly has been alleged
• What evidence investigators already possess
• Whether additional evidence exists
• What legal issues are actually involved

Providing inaccurate, incomplete, or inconsistent statements early in the investigation may create unnecessary difficulties later.

A carefully prepared, accurate, and consistent statement is generally more important than an immediate explanation.

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What If the Allegations Are False?

If the allegations are inaccurate, exaggerated, or false, early evidence preservation is often critical.

Relevant evidence may include:

• CCTV footage
• KakaoTalk messages
• Emails
• Text messages
• Call records
• Bank records
• Contracts
• Photos or videos
• Witness statements
• Digital forensic evidence

Some evidence—particularly CCTV recordings—may be automatically deleted after a relatively short period.

Importantly, deleting evidence or asking another person to delete evidence may itself constitute a separate criminal offense under Korean law, depending on the circumstances.

Accordingly, evidence should generally be preserved rather than altered or destroyed.

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Can the Case End Before Trial?

Yes.

Many criminal cases in Korea are resolved during the investigation stage without proceeding to trial.

Depending on the facts, evidence, and applicable law, the case may end through:

• A non-forwarding decision (불송치) by the police;
• A decision not to indict (불기소) by the prosecution;
• Insufficient evidence;
• Lack of criminal liability;
• Settlement between the parties; or
• Other legally recognized procedural grounds.

Whether a case proceeds to trial depends on the specific circumstances of each case.

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Is Settlement Always Necessary?

No.

Settlement may be highly important in certain criminal cases, particularly where the complainant's position is legally relevant.

However, settlement does not automatically terminate every criminal case.

Likewise, the withdrawal of a criminal complaint does not always prevent further investigation or prosecution.

Whether settlement or withdrawal affects the outcome depends on the type of offense involved. For many offenses under Korean law, the investigation and prosecution may continue even after a complaint has been withdrawn.

Accordingly, settlement should be viewed as one element of an overall legal strategy rather than an automatic solution.

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What If You Are a Foreign National?

Foreign nationals may face additional legal and immigration-related consequences.

Depending on the circumstances, a criminal investigation may affect:

• Visa status
• Immigration proceedings
• Employment in Korea
• Future entry into Korea
• International travel
• Potential departure suspension or other travel restrictions during an investigation
• Deportation following certain criminal convictions

Even where the criminal allegations appear relatively minor, the immigration consequences may be significant.

Foreign nationals should therefore consider both their criminal defense strategy and their immigration status from the outset.

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Practical Considerations

If someone files a criminal complaint against you in Korea, you should generally:

• Remain calm
• Do not ignore police contact
• Exercise caution before making detailed statements
• Preserve relevant evidence
• Do not delete electronic data or documents
• Avoid impulsively contacting the complainant
• Prepare carefully before attending a police interview
• Understand your procedural rights
• Consider seeking legal advice at an early stage

Early decisions frequently influence how the investigation develops.

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Conclusion

Being the subject of a criminal complaint in Korea does not automatically mean that you will be prosecuted or convicted.

However, the early stages of a criminal investigation are often the most important.

Understanding your legal rights, preserving evidence, avoiding unnecessary communications, and approaching the investigation strategically may significantly influence the outcome of the case.

For foreign nationals, it is equally important to consider the potential immigration consequences alongside the criminal proceedings from the very beginning.

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