Can a Victim Withdraw a Criminal Complaint or Refuse Punishment in Korea?

Short Answer

Yes, in some cases.

In Korea, a victim may be able to withdraw a criminal complaint or submit a statement that they do not want the offender punished.

However, the legal effect depends on the type of offense.

A withdrawal or non-punishment statement may end the case only where the offense is legally conditioned on:

• A valid criminal complaint
• The victim’s expressed intent regarding punishment
• Proper timing under Korean criminal procedure

If the offense does not fall into one of these categories, the investigation or prosecution may continue even after settlement.

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Is Withdrawing a Criminal Complaint Always Enough to End the Case?

No.

Not every criminal case depends entirely on the victim’s complaint.

Some crimes can be investigated and prosecuted even if the victim withdraws the complaint or no longer wants punishment.

The legal effect depends on whether the case involves:

• A complaint-required offense
• An offense subject to the victim’s non-punishment intent
• A case where settlement is only a mitigating factor
• A serious offense where prosecution may continue regardless of the victim’s position

For this reason, victims and suspects should not assume that settlement automatically ends the criminal case.

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What Is a Complaint-Required Offense?

A complaint-required offense is a type of crime where prosecution is not permitted without a valid criminal complaint from the victim or another legally authorized complainant.

If the complaint is properly withdrawn in such a case, the case may be dismissed or may no longer proceed.

However, this category is limited.

Many common criminal offenses are not complaint-required offenses.

Whether a specific case falls into this category should be reviewed carefully before relying on complaint withdrawal.

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What Is a Non-Punishment Statement?

A non-punishment statement means that the victim clearly states that they do not want the offender to be punished.

This is legally important only for certain types of offenses where the law makes prosecution or punishment dependent on the victim’s expressed intent.

In practice, this is often handled through a written document stating that the victim does not wish to punish the suspect.

The statement should be:

• Clear
• Voluntary
• Unconditional
• Properly signed
• Submitted at the correct procedural stage

A vague or conditional statement may not have the intended legal effect.

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Does Settlement Automatically End a Criminal Case?

Not always.

A settlement between the victim and suspect may be very important, but it does not always terminate the criminal case.

Settlement may affect:

• Whether the police send the case to the prosecution
• Whether the prosecutor indicts the suspect
• Whether a suspension of indictment is possible
• The sentence if the case goes to trial
• The court’s assessment of remorse and recovery of damage

In more serious cases, prosecutors may continue the case even after settlement.

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When Is the Timing Important?

Timing can be critical.

In complaint-required cases and non-punishment-intent cases, the case-ending effect generally requires the withdrawal or non-punishment statement to be submitted before the first-instance judgment.

If the statement is submitted too late, it may still be considered as a mitigating factor, but it may not end the criminal case.

For this reason, if settlement, complaint withdrawal, or a non-punishment statement is being considered, it should usually be handled as early as possible.

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Can a Victim Change Their Mind Later?

Usually, there are serious limits.

In complaint-required offenses, once a criminal complaint is properly withdrawn, the victim generally cannot file the same complaint again.

In non-punishment-intent cases, once the victim validly withdraws the intent to punish or submits a valid non-punishment statement, it may also be difficult or impossible to reverse the effect later.

For this reason, victims should carefully consider the consequences before signing:

• A settlement agreement
• A complaint withdrawal
• A non-punishment statement
• Any document stating that punishment is not desired

The effect may be permanent in some cases.

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What If There Are Multiple Suspects?

Cases involving multiple suspects can be more complicated.

The effect of complaint withdrawal or a non-punishment statement may differ depending on the type of offense and the legal relationship among the suspects.

For example, in some complaint-required offenses, withdrawal may affect other accomplices. In other types of cases, the victim’s non-punishment intent may not automatically apply to every suspect in the same way.

If there are multiple suspects or co-defendants, the document should be drafted carefully.

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What Should Be Included in a Withdrawal or Non-Punishment Document?

The wording should be clear and consistent with the intended legal effect.

Depending on the case, the document may address:

• The identity of the victim and suspect
• The relevant case or incident
• Whether a settlement has been reached
• Whether the victim withdraws the complaint
• Whether the victim does not want criminal punishment
• Whether the statement is made voluntarily
• Whether the statement is unconditional
• The date and signature of the victim

Because wording can matter, it is often advisable to have the document reviewed before submission.

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Can the Police or Prosecutor Still Investigate After Withdrawal?

Yes, depending on the offense.

If the offense is not legally dependent on the victim’s complaint or non-punishment intent, the authorities may continue the case.

They may consider:

• The seriousness of the offense
• Whether there is independent evidence
• Whether there is a public interest in prosecution
• Whether there are repeated offenses
• Whether the victim’s statement appears voluntary
• Whether the settlement was genuine

Withdrawal is important, but it is not always decisive.

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Practical Considerations

Both victims and suspects should understand the legal effect before signing or submitting any document.

Important questions include:

• Is the offense legally affected by complaint withdrawal?
• Is a non-punishment statement legally effective in this type of case?
• Has the case already been sent to the prosecution or court?
• Has the first-instance judgment already been issued?
• Has any settlement payment been completed?
• Is the victim’s statement clear, voluntary, and unconditional?
• Could withdrawal prevent a later complaint?

A poorly drafted or poorly timed document may not achieve the intended result.

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Conclusion

A victim in Korea may be able to withdraw a criminal complaint or state that they do not want punishment.

However, the effect depends on the type of offense, the timing, and the wording of the document.

In some cases, withdrawal or non-punishment may end the case. In other cases, it may only serve as an important factor in prosecutorial discretion or sentencing.

Before relying on settlement, complaint withdrawal, or a non-punishment statement, both victims and suspects should carefully review the legal effect in the specific case.

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