Jin & Kim, PLC | Legal Blog
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Short Answer
It depends.
There is no single, universal deadline that applies to every criminal investigation in Korea.
Some cases are resolved within a few weeks, while others may take several months or longer depending on the complexity of the case, the available evidence, and the investigative process.
However, certain timelines may apply depending on the type of case, such as complaint-based cases, supplementary investigation, or cases involving detained suspects.
Simply because an investigation is taking a long time does not necessarily mean that the suspect will be prosecuted.
What Affects the Length of a Criminal Investigation?
Every criminal case is different.
The length of an investigation may depend on factors such as:
- The seriousness of the alleged offense
- The amount of evidence
- The number of witnesses
- Whether forensic analysis is required
- Whether CCTV or digital evidence must be reviewed
- Whether expert opinions are needed
- Whether supplementary investigation is required
- Whether the suspect or witnesses are located overseas
More complicated cases generally require more time.
How Long Do Simple Cases Usually Take?
Relatively straightforward cases are often completed within one to three months, but this should not be understood as a fixed legal deadline.
The actual timeline may vary depending on the police station, prosecutor’s office, workload, evidence, and the cooperation of the parties.
Examples of relatively simple cases may include:
- Minor assault
- Simple property damage
- Certain traffic-related offenses
- Cases where the facts are not seriously disputed
- Cases where the suspect admits the allegations
However, even relatively simple cases may take longer if additional evidence becomes necessary.
Why Do Some Cases Take Much Longer?
Some investigations require significant additional work.
Common reasons include:
- Multiple suspects
- Numerous victims
- Large amounts of digital evidence
- Financial records requiring analysis
- International evidence requests
- Forensic examinations
- Conflicting witness statements
- Repeated supplementary investigations
Complex fraud, cybercrime, sexual offense, and corporate crime cases often take considerably longer than ordinary criminal cases.
Can the Police Conduct Additional Investigation?
Yes.
During the investigation, the police may:
- Interview additional witnesses
- Request more documents
- Review newly discovered evidence
- Conduct forensic examinations
- Obtain CCTV footage
- Analyze mobile phones or computers
- Request expert analysis
Each additional investigative step may increase the overall investigation period.
What Happens After the Police Finish Their Investigation?
Once the police complete their investigation, the case may proceed in different ways.
Depending on the circumstances, the police may:
- Issue a non-forwarding decision or non-transfer decision
- Send the case to the prosecutor
- Conduct additional investigation if necessary
If the police decide not to forward the case, this does not always mean that there is no further review. In some cases, the investigation record may still be reviewed by the prosecutor under the applicable procedure.
If the case is sent to the prosecutor, the prosecutor independently reviews the investigation before deciding whether to prosecute.
This means that the investigation process does not necessarily end when the police complete their work.
Can the Prosecutor Request More Investigation?
Yes.
Even after receiving the case, the prosecutor may determine that additional investigation is necessary.
The prosecutor may:
- Conduct additional investigation directly
- Request supplementary investigation by the police
- Request additional evidence
- Summon the suspect or witnesses for further questioning
In some procedures, supplementary investigation is expected to be completed within a certain internal time frame, but the actual duration may vary depending on the case.
As a result, the overall process may continue beyond the initial police investigation.
Will I Be Notified About the Progress?
In some situations, yes.
During a criminal investigation, you may receive notice when:
- You are asked to attend another interview
- Additional documents are requested
- The case is sent to the prosecutor
- The investigation result is issued
- A final prosecutorial decision is made
In practice, however, investigators do not usually provide continuous updates throughout the entire investigation.
If you are a complainant, victim, or suspect, the type and timing of notice may differ depending on your procedural status and the stage of the case.
Can I Submit Additional Evidence While the Investigation Is Ongoing?
Yes.
Suspects, victims, and their lawyers may often submit additional materials during the investigation.
Examples include:
- CCTV footage
- Medical records
- Digital evidence
- Witness statements
- Financial documents
- Settlement agreements
- Non-punishment statements
- Written legal arguments
Submitting important evidence early may influence the direction of the investigation.
Should I Contact the Police If I Have Heard Nothing?
Possibly.
A long period without contact does not necessarily indicate that something is wrong.
However, if a significant amount of time has passed, it may be appropriate to make a polite and reasonable inquiry.
This may include:
- Asking your lawyer to check the case status
- Contacting the investigating officer politely
- Confirming whether additional documents are needed
- Verifying whether the case has been sent to the prosecutor
- Confirming whether a final decision has already been made
Reasonable status inquiries are generally different from pressuring the investigator.
Practical Considerations
Whether you are a suspect or a victim, it is generally advisable to:
- Preserve all relevant evidence
- Respond promptly to requests from investigators
- Avoid making inconsistent statements
- Keep copies of important documents
- Inform investigators if your contact information changes
- Consult a lawyer before submitting significant new evidence
- Confirm whether the case is still with the police or has moved to the prosecution
For foreign nationals, it is also important to consider possible visa, immigration, detention, or travel issues while the investigation is pending.
Conclusion
There is no single standard investigation period for criminal cases in Korea.
Some cases are completed within a few weeks, while others may take several months or longer depending on the evidence, the complexity of the case, and whether supplementary investigation is required.
Although certain procedural timelines may apply in specific situations, the overall duration of a criminal investigation depends heavily on the facts and procedural posture of the case.
Because important decisions may be made throughout the investigation, responding appropriately and preserving relevant evidence from the beginning can significantly affect the outcome of the case.
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