Can a Criminal Case Be Resolved Before Trial in Korea?

Short Answer

Yes.

A criminal case in Korea does not automatically proceed to trial. Many cases are resolved during the investigation stage before indictment.

Depending on the facts, evidence, and applicable law, a case may end through a non-forwarding decision (불송치 결정) by the police or a non-prosecution disposition (불기소 처분) by the prosecution.

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Does Every Criminal Investigation Lead to Trial?

No.

Being investigated does not mean that you will be indicted or convicted.

A case may be resolved before trial if:

• The evidence is insufficient
• Criminal intent cannot be proven
• The conduct does not constitute a crime
• The matter is primarily civil rather than criminal
• There is a procedural reason not to proceed
• Settlement or withdrawal is legally relevant

However, the fact that a dispute has a civil element does not automatically prevent criminal liability. If the legal elements of a crime are satisfied, a case may still proceed as a criminal matter.

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What Does “Resolved Before Trial” Mean?

In this article, “resolved before trial” means that the case ends before a formal criminal trial begins.

This usually refers to resolution during the police or prosecution stage.

This may include:

• A non-forwarding decision by the police
• A non-prosecution disposition by the prosecution

Depending on the case, the specific grounds may include:

• No suspicion / insufficient evidence (혐의없음)
• No crime established (죄가안됨)
• No authority to prosecute (공소권없음)
• Dismissal of the complaint or report (각하)
• Suspension of indictment (기소유예)

Importantly, suspension of indictment is not the same as being found innocent. It generally means that the prosecutor recognizes the alleged offense but decides not to indict after considering factors such as the seriousness of the case, settlement, background circumstances, and the suspect’s conduct.

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What Is a Non-Forwarding Decision?

A non-forwarding decision generally means that the police decide not to forward the case to the prosecution.

This may occur where:

• The allegation is not supported by sufficient evidence
• The legal elements of the offense are not satisfied
• The case lacks prosecutable grounds
• The complaint is procedurally defective
• The matter is better characterized as a civil dispute

For a suspect, a non-forwarding decision can be a very important early resolution.

However, this does not always mean that the matter is permanently over. In some cases, the complainant may file an objection to the non-forwarding decision, which may result in further prosecutorial review.

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What Is a Non-Prosecution Disposition?

A non-prosecution disposition means that the prosecution decides not to bring the case to trial.

Depending on the case, this may be based on grounds such as:

• No suspicion / insufficient evidence
• No crime established
• No authority to prosecute
• Dismissal of the complaint or report
• Suspension of indictment

A non-prosecution disposition may therefore end the case before trial, although the practical meaning differs depending on the specific ground.

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Does Settlement Automatically End a Criminal Case?

No.

Settlement may be important, but it does not automatically end every criminal case.

The effect of settlement depends on the type of offense.

For certain offenses, the victim’s withdrawal of complaint or refusal to punish may have strong legal effect. However, for many other offenses, the investigation or prosecution may continue even after settlement.

Settlement should therefore be considered as part of a broader legal strategy, not as an automatic solution.

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Can a Criminal Complaint Be Withdrawn?

Yes, but the effect varies.

A criminal complaint may generally be withdrawn before a first-instance judgment is rendered.

However, withdrawal does not have the same effect in every case. In addition, once a criminal complaint is withdrawn, the complainant may be restricted from filing the same complaint again.

In practice:

• For certain complaint-dependent offenses, withdrawal may prevent prosecution
• For certain offenses where the victim’s intent is legally relevant, a statement of no punishment may affect the case
• For many other offenses, the case may continue despite withdrawal or settlement

The effect must be analyzed based on the specific offense and the stage of the case.

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What Factors Affect Whether the Case Ends Early?

Investigators and prosecutors may consider:

• CCTV footage
• KakaoTalk messages
• Emails, texts, and call records
• Financial records
• Witness statements
• Consistency of the parties’ statements
• Whether criminal intent can be proven
• Whether the legal elements of the offense are satisfied
• Whether the matter is civil or criminal
• Settlement, where legally relevant
• Prior criminal history or repeated conduct

No single factor automatically determines the outcome.

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What Should You Do During the Investigation?

If you are under criminal investigation in Korea, you should generally:

• Preserve relevant evidence
• Avoid deleting messages or electronic records
• Prepare before giving statements
• Understand your procedural rights
• Avoid inconsistent explanations
• Avoid unnecessary contact with the complainant
• Consider settlement only where appropriate
• Seek legal advice early in serious cases

Early handling of the investigation can significantly affect whether the case ends before trial.

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What If You Are a Foreign National?

Foreign nationals should consider both the criminal case and possible immigration consequences.

A criminal investigation or charge may affect:

• Visa status
• Extension of stay
• Employment in Korea
• Future entry into Korea
• International travel
• Potential departure suspension or emergency departure suspension during an investigation
• Deportation risk following certain criminal convictions

Even a case resolved without trial may still require careful review from an immigration perspective.

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Conclusion

A criminal case in Korea does not automatically proceed to trial.

Many cases are resolved before trial through a non-forwarding decision by the police or a non-prosecution disposition by the prosecution.

The specific grounds may include no suspicion / insufficient evidence, no crime established, no authority to prosecute, dismissal of the complaint or report, or suspension of indictment.

Because the investigation stage often determines the direction of the case, it is important to preserve evidence, avoid careless statements, and prepare a clear legal strategy from the beginning.

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