Public Prosecution Office (Formerly the Prosecutors' Office) Review and Disposition Procedure

Which step are you at?

Select your current step and the content for that step will appear below.

1. 1Referral and File Review
2. 2Request for Supplementary Investigation
3. 3Prosecutor's Confirmation of Facts
4. 4Disposition Decision
5. 5Summary Order
6. 6Request for a Formal Trial
7. 7Receiving Notice of Disposition and Next Steps

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

Time required

Check the timing of the disposition with the prosecutor's office in charge. If there is a supplementary investigation, that period is added (a police supplementary investigation is in principle 1 month, extendable within 1 month)

Cost

The law does not set any separate fee for being questioned at the Public Prosecution Office stage. If a summary order becomes final, you must pay the fine, and hiring a defense lawyer costs a retainer fee

Procedure guide

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

1. 1

   The file sent by the police (referral) is assigned to a prosecutor of the Public Prosecution Office (formerly the Prosecutors' Office), who reviews whether the charges are proven, whether the law is correctly applied and whether the evidence is lawful. Right after the referral, find out which prosecutor's office is in charge and submit settlement and remorse materials and a written opinion. These materials should be submitted before the prosecutor makes a disposition.

2. 2

   If the evidence is insufficient, the prosecutor asks the police for a supplementary investigation (investigating the missing parts further) (Criminal Procedure Act §197-2), and the police investigate further and send the results. In this process the suspect may be questioned again, so it is good to review the statements made earlier.

   Current step
3. 3

   From October 2026 (2026.10), the prosecutor does not interrogate the suspect directly. Instead, if needed, the prosecutor confirms the facts by hearing the opinions of the suspect and persons concerned or receiving written opinions (Criminal Procedure Act §245-13). A defense lawyer can be present when the suspect's opinion is heard, and statements made in this process are not used as evidence at trial. Even so, they are taken into account in deciding the disposition, so organize what you want to say in advance.

4. 4

   The prosecutor decides on one of the following: formal indictment (filing an indictment), a request for a summary order (a request to try the case on the documents alone, only for a fine, minor fine or confiscation, §448), or non-indictment (§246 · §247). Non-indictment is divided into no suspicion, suspension of indictment (there is suspicion but the case is not sent to trial), no right to prosecute and so on. What you must do next and the deadlines differ depending on the disposition.

5. 5

   If a summary order is requested, the court orders a fine, minor fine or confiscation on the documents alone, without a public trial (a trial held in the courtroom) (§448 · §449). A certified copy of the summary order is sent to the defendant by registered mail. The deadline for requesting a formal trial starts from this day, so be sure to write down the date you received the registered mail.

6. 6

   If you find the summary order hard to accept, request a formal trial within 7 days from the day you are notified (§453). If the defendant requests it, a heavier type of punishment than in the summary order is not imposed (§457-2), but the amount of the fine may increase, and in that case the court states the reasons for sentencing in the judgment (§457-2(2)). Even a summary order for a fine stays as a criminal record once final, so decide carefully within the deadline whether to accept it.

7. 7

   The prosecutor tells the suspect the result of the disposition (§258(2) for non-indictment; Investigation Rules §53 for other decisions). If it is non-indictment, the case is over, and you apply for the return of seized items (환부). If it is a summary order, decide within 7 days from the day you receive the certified copy whether to request a formal trial. If it is a formal indictment, you receive a copy of the indictment and the case moves on to the criminal trial procedure, where you submit a written opinion within 7 days (§266-2).

Frequently asked questions

Practical questions that come up right away in this procedure.

QI was told my case was referred. How do I find out the prosecutor in charge and the case number?

Check from the referral decision notice or with the investigator in charge which Public Prosecution Office the case was referred to and the case number, then ask that Public Prosecution Office which prosecutor's office is in charge. If you did not receive a referral notice, ask the investigator in charge whether and when the case was referred.

QHow do I submit a settlement agreement or written opinion to the prosecutor?

Check the submission method (in person, by mail or online) and the form with the prosecutor's office in charge. Write the case number and your name, attach the settlement agreement, letter of apology or petition for leniency, and submit it before the prosecutor makes a disposition.

QHow am I notified of the disposition result?

The prosecutor must notify the suspect of the decision. The specific method of notice is set by the Minister of Justice and others.If you receive a notice of non-indictment, the case is over. Under the law, the persons who may request a written explanation of the reasons for non-indictment are the complainant and the accuser.The suspect is notified of the gist of the disposition. If the suspect wants to check the reasons for the disposition, ask the Public Prosecution Office in charge how to inspect and copy the record (looking at and copying the record).

QI received a summary order. When and how do I pay the fine?

The fine must be paid within 30 days from the day the summary order becomes final. If you do not pay, you may be confined in a workhouse (working for a set period instead of paying the fine) for a period of 1 day to 3 years.Check with the Public Prosecution Office in charge whether you can apply for payment in installments or a postponement of payment, along with how to pay. If you have difficulty, ask before the deadline.

QWhere and how do I request a formal trial? Does it cost anything?

Submit a written request for a formal trial to the court that issued the summary order. You must request it within 7 days from the day you were notified of the summary order. Check the form and costs with the court that issued the summary order.

QIs a suspension of indictment a criminal record?

No. A suspension of indictment does not stay in the criminal history record, so it does not become a so-called criminal record.However, it is kept in the investigation history record (the record of having been investigated) for a certain period and then deleted. The retention period is 5 years from the date of the disposition. For crimes whose statutory maximum is 10 years or more, it is 10 years, and if you were a juvenile at the time of the disposition, it is 3 years.