Criminal Records in Korea: Police Investigations, Non-Referral, and Prosecution

Foreign nationals involved in a criminal case in Korea often have one important concern:

What happens to my criminal record after a police investigation?

Many people assume that simply being investigated by the police means that they now have a criminal record.

That is not necessarily the case.

In Korea, the result of a criminal case can be very different depending on whether the police refer the case to the prosecution, whether the prosecutor brings charges, and whether the person is ultimately convicted by a court.

Understanding these differences is important for anyone involved in a criminal investigation in Korea.

1. A Police Investigation Does Not Automatically Mean a Criminal Record

Being investigated by the police does not mean that you have been convicted of a crime.

A police investigation is part of the process of determining whether there is sufficient evidence to establish criminal responsibility.

After investigating a case, the police may decide that the case should not be referred to the prosecution. Alternatively, the case may be referred to the prosecutor for further consideration.

Therefore, being investigated is not the same as being convicted.

However, it is important to distinguish between a criminal record (범죄경력) and an investigation record (수사경력).

Even if a case does not result in criminal punishment, information concerning the investigation may be retained as an investigation record for a legally prescribed period.

This means that the absence of a criminal conviction does not necessarily mean that no record of the investigation exists.

2. What Is a Police Non-Referral Decision?

In Korea, the police may decide not to refer a case to the prosecution.

This is called “non-referral” (불송치).

A non-referral decision may be made for various reasons, including insufficient evidence or other legal grounds.

A non-referral decision does not mean that the person has been convicted of a crime.

For example, if the police determine that there is insufficient evidence to establish the alleged offense, the case may end without criminal punishment.

However, the specific reason for the non-referral decision is important.

There is a significant difference between a case that is not referred because there is insufficient evidence and a case that is not referred for another legal reason.

Therefore, it is important to obtain and carefully review the actual decision.

3. What Happens When a Case Is Referred to the Prosecutor?

If the police refer a case to the prosecution, this does not mean that the person has been found guilty.

The prosecutor will review the case and determine how to proceed.

The prosecutor may:

• Decide not to prosecute
• Suspend prosecution
• Bring criminal charges
• Request additional investigation

A referral to the prosecution is therefore not the same as a conviction.

The final outcome depends on the evidence and the circumstances of the case.

4. What Is Suspension of Prosecution?

One possible outcome is “suspension of prosecution” (기소유예).

A suspension of prosecution means that the prosecutor decides not to bring the case to trial after considering the circumstances of the offense and the person involved.

It is important to understand that a suspension of prosecution is not the same as an acquittal or a finding that the person did not commit the offense.

In practice, the prosecutor may determine that the criminal allegation is established but decide not to prosecute after considering factors such as:

• The seriousness of the offense
• The circumstances of the offense
• Whether the person has a previous criminal history
• Whether the person has made efforts to compensate the victim
• Whether the victim has forgiven or reached a settlement with the accused
• The person's age and other personal circumstances

Because there is no criminal trial and no guilty judgment, a suspension of prosecution is different from a court conviction.

However, it is also different from a decision that there was insufficient evidence to establish the offense.

This distinction is particularly important when explaining the outcome of a criminal case to another person or authority.

5. Does a Criminal Fine Count as a Criminal Record?

A fine is a form of criminal punishment.

Therefore, a person who receives a criminal fine following the appropriate legal procedure is in a different legal position from someone whose case was closed without prosecution.

For foreign nationals, it is particularly important not to confuse “I was not sentenced to prison” with “I have no criminal record.”

A fine is still a criminal punishment.

The legal consequences of a fine can also differ depending on the type and seriousness of the offense.

For example, a one-time minor offense and a serious offense resulting in a substantial fine should not automatically be treated as equivalent.

6. Criminal Record and Investigation Record Are Not the Same

One of the most confusing issues for people unfamiliar with the Korean criminal justice system is the difference between a criminal record (범죄경력) and an investigation record (수사경력).

In simple terms, a criminal record relates to criminal punishment or convictions, while an investigation record concerns information about criminal investigations.

A person whose case ended without criminal punishment may therefore be in a different position from someone who received a criminal sentence, even though information about the investigation may still be retained for a certain period.

The exact retention period and access to such information depend on the applicable laws and the type of disposition.

Therefore, it is not always accurate to say simply:

“There is no record.”

A more accurate question is what type of record exists, what information it contains, how long it is retained, and who is legally permitted to access it.

7. What Should You Do When a Criminal Case Is Closed?

If your criminal case has been closed, do not rely only on a verbal explanation such as “the case is over.”

You should obtain the relevant document showing the outcome of the case where possible.

Depending on the stage and outcome of the case, this may include documents relating to:

• The police investigation
• A non-referral decision
• The prosecutor's disposition
• A non-prosecution decision
• A suspension of prosecution
• A court judgment
• A fine

The exact document you need will depend on how your case was resolved.

Keeping these documents can be important if you later need to explain exactly how the case ended.

8. Why the Exact Outcome of the Case Matters

Two people may both say:

“I had a criminal case in Korea.”

But their legal situations can be completely different.

For example:

Person A: The police investigated the case but decided not to refer it because there was insufficient evidence.

Person B: The prosecutor suspended prosecution after determining that the criminal allegation was established.

Person C: The court found the person guilty and imposed a fine.

These three cases should not simply be described as having the same “criminal record.”

The distinction between investigation, non-referral, non-prosecution, suspension of prosecution, and criminal punishment can be legally significant.

Conclusion

If you are a foreign national involved in a criminal case in Korea, it is important to understand exactly what happens at each stage of the process.

A police investigation does not automatically mean that you have a criminal conviction.

Likewise, a police non-referral decision, a prosecutor's non-prosecution decision, a suspension of prosecution, and a criminal fine are not the same type of outcome.

It is also important to distinguish between a criminal record and an investigation record, because the fact that there is no criminal conviction does not necessarily mean that no information relating to the investigation is retained.

If you are involved in a criminal case in Korea, obtaining the actual decision or judgment and understanding its legal meaning is often more important than simply knowing that the case has been “closed.”

If you are unsure about the status or outcome of your case, a Korean criminal lawyer can review the relevant documents and explain what the decision means under Korean law.

Contact for a Consultation

If you need legal assistance regarding criminal records in Korea:

📞 Direct Line to Attorney: 010-2314-9122
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