Criminal Complaint and Accusation Procedure

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1. 1Preparing the Criminal Complaint
2. 2Filing the Criminal Complaint
3. 3Questioning of the Complainant
4. 4Questioning of the Accused and Gathering Evidence
5. 5Referral / Non-referral
6. 6Public Prosecution Office Disposition
7. 7Trial

• Basic step
• Additional action / option
• Rejection / objection
• End of procedure

Time required

The police must finish the investigation and decide whether to refer the case within 3 months from the day they accepted the complaint (cases accepted on or after 2026.10.2). The time until the Public Prosecution Office's disposition after that varies by case

Cost

The Criminal Procedure Act sets no fee for filing a complaint

Procedure guide

Read from start to finish in order. Red text marks deadlines set by law.

1. 1

   Prepare the criminal complaint by organizing the personal details of the accused (the person complained against), the criminal facts (when, where and how), the applicable crime and evidence (text messages, recordings, bank account records, etc.). The police must finish the investigation and decide whether to refer the case within 3 months from the day they accept the complaint (Criminal Procedure Act §238), so write the criminal facts and evidence in specific detail from the start.

2. 2

   A criminal complaint can be submitted to the police (judicial police officer) in writing or made orally (Criminal Procedure Act §237(1)). Check with the police station's civil service office which police station to file with. Get a receipt and note the case number, and ask the investigator in charge about the progress using the case number.

3. 3

   The investigator in charge calls in the complainant, confirms the content of the complaint and prepares a record of statement. A defense lawyer can go in with you. Read the record before signing, and ask for any part written differently from what you said to be corrected.

4. 4

   The police call in and question the accused, question witnesses (such as eyewitnesses) and secure bank account and communication records. If the two sides' statements conflict, confrontation questioning (questioning both sides sitting together) may be carried out, but the complainant can state a refusal if they do not want it (Criminal Procedure Act §221(1)).

5. 5

   If the charges are supported, the case is referred (sent) to a prosecutor of the Public Prosecution Office (formerly the Prosecutors' Office); if not, a non-referral decision is made. In the case of non-referral, the complainant is notified of the reasons within 7 days (Criminal Procedure Act §245-6), and the complainant can file an objection within 3 months from the day of receiving the notice to have the case sent to the prosecutor and decided again (§245-7).

6. 6

   The prosecutor of the Public Prosecution Office decides on indictment or non-indictment and informs the complainant of the result of the disposition. If you find a non-indictment decision hard to accept, you can file an appeal (Public Prosecution Office Act §57) within 30 days from the day you receive the notice, and if the appeal is dismissed, you can file an application for a ruling (재정신청) with the High Court (§260) within 10 days from the day you receive that notice.

7. 7

   If the case is indicted, it moves on to a court trial. The complainant can appear as a witness or state an opinion as the victim. Also, for crimes set out in the law, such as injury, fraud and theft, applying for a compensation order lets you seek compensation for the damage without filing a separate civil lawsuit (Act on Special Cases concerning Expedition of Legal Proceedings §25(1)).

   Current step

Frequently asked questions

Practical questions that come up right away in this procedure.

QWhere do I file a criminal complaint, and what are the form and costs?

A criminal complaint is made to the police (judicial police officer) in writing or orally. Check which police station to file with, the form and whether online filing is available with the police station's civil service office or the National Police Agency's guidance. The Criminal Procedure Act sets no fee for filing a complaint.

QIf I file a complaint, when will I be questioned and when will the result come out?

After filing, once an investigator in charge is assigned, you will be contacted to come in for questioning as the complainant. Check the timing of the questioning with the investigator in charge.The police must finish the investigation and decide whether to refer the case within 3 months from the day they accepted the complaint. Ask the investigator in charge about the progress.

QCan a lawyer or family member file a complaint on my behalf?

A criminal complaint can be filed through a representative (such as a lawyer). The legal representative of a minor or an adult under full guardianship can file a complaint independently of the person. If the victim has died, the spouse, lineal relatives or siblings can file a complaint.Other family members need a power of attorney. If someone who is not the victim files in their own name, it is not a criminal complaint but an accusation.

QIs there a deadline for filing a complaint?

It depends on the crime. For crimes prosecuted only upon complaint, such as insult, which are punished only if a complaint is filed, you must file within 6 months from the day you came to know the offender.For other crimes, there is no deadline for a complaint; only the statute of limitations for prosecution (the period in which an indictment can be brought) applies. However, prepare quickly before evidence disappears.

QIf I withdraw my complaint, can I file again?

No. If you withdraw a complaint, you cannot file a complaint again for the same case.You can withdraw it until the 1st-instance judgment is pronounced. So even if a settlement is reached, withdraw it only after you have actually received the settlement money.

QCan I be counter-sued for false accusation after filing a complaint?

If you knowingly report false facts with the aim of having the other person punished, it is the crime of false accusation. Write the facts as they are, and mark parts you are unsure of or that are guesses as such.