Korea Replaced Its Prosecution Service: How Criminal Cases Work From October 2026

On 2 October 2026 the way a criminal case moves through the Korean system changed. The Prosecutors' Offices Act was repealed and a new Prosecution Service opened. A Major Crimes Investigation Bureau was created to investigate fraud, embezzlement, narcotics, voice phishing and virtual asset crime. The Criminal Procedure Act and the investigation rules were amended on the same day.

This guide describes the changes from the position of someone actually involved in a case. It reflects the statutes as in force on 2 October 2026. Because the reform is recent, individual agencies are still settling their practice.

1. Who does what now

2. Complaints now go to the police

A complaint or accusation is now filed with a judicial police officer only (Criminal Procedure Act art. 237). The Prosecution Service does not accept complaint filings. The police must accept the complaint (Investigation Rules art. 16-2) and must decide within three months of receipt whether to refer the case on (art. 238), a deadline that applies to complaints accepted on or after 2 October 2026.

A fraud matter can therefore be filed with the police. Where the specific economic crimes statute applies, meaning a gain of 500 million won or more, the police notify the Major Crimes Investigation Bureau, which may request that the case be transferred to it.

3. How prosecutors still take part

• Supplementary investigation request. Where a referred case is incomplete, the prosecutor sends it back to the police, who must comply within one month (art. 197-2).
• Re-investigation request. Where a decision not to refer a case was unlawful or unjustified, the prosecutor may require re-investigation within three months of receiving the file, and the police must complete it within three months (art. 245-8).
• Fact-checking interview. The prosecutor may hear the suspect's account in order to decide whether to charge. What is said at that interview is not admissible as evidence at trial (art. 245-13).
• Pre-warrant meeting. Where the police apply for a detention warrant, the prosecutor may meet the suspect, and the right to counsel is preserved at that meeting (art. 201(7), (8)).

4. What changed for complainants and victims

The three-month objection period, the six-month stagnation objection and the three-month referral deadline apply to notices given, investigations commenced and complaints accepted after 2 October 2026. Earlier events continue to follow the previous rules.

5. What changed for suspects

The stage at which a suspect was interrogated by a prosecutor has in principle disappeared. Investigation by the police or the Major Crimes Investigation Bureau is now effectively the only investigative interview, which raises the weight of the first interview considerably.

The police must agree the date, time and place of attendance with the suspect and counsel, and must accommodate a request for postponement absent special circumstances (Investigation Rules art. 19). The prosecutor must take the measures necessary to protect the suspect's legitimate interests while charging and maintaining the case (art. 246-2).

6. Cases already running on 2 October 2026

Cases in which a prosecutor was investigating directly are in principle transferred to an investigating agency. Only where the limitation period is imminent or transfer is unavoidable may the Prosecution Service retain the case, and then for no more than 90 days from commencement (Prosecution Service Act, Addenda art. 6; Criminal Procedure Act, Addenda art. 12). The supplementary investigation provisions apply to cases already referred, but the objection deadline, the six-month stagnation objection and the three-month referral deadline apply only to notices, investigations and complaints arising after commencement. Two cases that are both pending can therefore be governed by different sets of rules.

7. What now matters more

Because the stage at which a prosecutor reviewed the file and corrected it has narrowed, the way the case is framed at the investigating agency largely determines the outcome. For a complainant, the drafting of the complaint matters more. For a suspect, the first statement matters more.

Which provisions apply to your case depends on when it began and what stage it has reached. For foreign nationals there is an additional layer: interpreters, travel restrictions and visa consequences all begin at the investigative stage, not at charging. See our guides to police questioning and to visa consequences of criminal charges.

If you have been notified of a case under the new structure, contact Taeshin Law Firm for a confidential consultation in English.