How a Criminal Case Moves in Korea: From Report to Judgment

The first question after contact with the police is always the same: what happens next. Knowing the sequence shows where you are standing and what is coming, and that in turn decides what can still be done.

This guide follows a case in order, from the first report to a final judgment. It reflects the statutes as in force on 2 October 2026, when the prosecution service was reorganised.

The sequence at a glance

1. The investigation begins

A case starts with a complaint, an accusation, a report, or an investigation the agency begins on its own. The person under suspicion is called a suspect.

After investigating, the police either refer the case to the prosecutor if they consider there is a case, or do not refer it if they do not. A complainant who disagrees with a decision not to refer may object.

Since 2 October 2026 the prosecution service has been reorganised: prosecutors no longer investigate directly but decide whether to charge, while investigation is carried out by the police and the Major Crimes Investigation Bureau. That change is set out in our guide to the 2026 prosecution reform.

2. When detention is in issue

Where a detention warrant is applied for during the investigation, a judge meets the suspect in person. Article 201-2 of the Criminal Procedure Act requires the judge to examine a detained suspect without delay and, absent special circumstances, by the day after the application is received. This is what is commonly called the warrant hearing.

After arrest or detention, a review of the legality of the detention may also be requested under article 214-2.

3. The charging decision

Prosecution is brought by a prosecutor (Criminal Procedure Act art. 246). Once the case is charged, the suspect becomes a defendant.

A decision not to charge takes several forms: no suspicion, the act not constituting an offence, no right to prosecute, and suspension of indictment — where the case is established but does not go to trial.

4. Two routes at trial

A case that can be dealt with by a fine may be resolved on the documents without a court appearance. Article 448 of the Criminal Procedure Act allows the court, on the prosecutor's application, to impose a fine, a minor fine or confiscation by summary order without a public trial.

A summary order can be contested. Under article 453, a request for a formal trial may be filed within seven days of receiving notice, in writing, with the court that made the order.

Other cases are heard in court. The hearing opens with an advice of the right to refuse to answer and an examination of identity, followed by opening statements from the prosecutor and the defendant. Where the charge is contested the court examines the evidence; where it is admitted the procedure is simplified. Closing submissions are heard last, and judgment follows.

5. Seven days to appeal

An appeal against a first-instance judgment is an appeal; an appeal against a second-instance judgment is an appeal to the Supreme Court. Article 358 sets the period for filing an appeal and article 374 for the further appeal: seven days in each case, with the day of pronouncement not counted.

This is the deadline most often missed in practice.

6. What can be used while the case is running

A detained defendant may apply for bail under article 94 of the Criminal Procedure Act. The application may be made not only by the defendant but by counsel, a spouse, a lineal relative, a sibling, a family member, a person living in the same household or an employer.

7. After the judgment becomes final

A retrial remains available after finality, but not at any time and not for any reason: the grounds in article 420 of the Criminal Procedure Act must exist.

Where you are standing decides what can be done

For the same offence, what is possible differs entirely depending on whether you are before the first police interview, after referral, or after a summary order. The documents you have received are what determines the answer. Contact Taeshin Law Firm for a confidential consultation in English with the notice or order to hand.