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Suspension of indictment (Korea)

⚖️ Law By CampusDown Wiki Editorial Team Last updated
Suspension of indictment is a prosecutor’s decision not to indict even though the offence is established, under Article 247 of Korea’s Criminal Procedure Act.
Contents
  1. 1. Overview
  2. 2. Frequently asked questions
  3. 3. References

Overview

Under Article 247 of Korea’s Criminal Procedure Act, a prosecutor may decline to indict after considering the factors in Article 51 of the Criminal Act (offender’s age, character, environment, relationship to the victim, motive, means, results and post-offence conduct). This principle of discretionary prosecution yields *giso yuye*. Because there is no trial or sentence, it is recorded as an investigation record rather than a criminal record. It differs from suspension of sentence and suspended execution, which are court decisions. Suspects may file a constitutional complaint; complainants may seek a ruling under Article 260.

This article is general information based on Korean statutes and case law, not legal advice. For a specific case, consult a lawyer or the Korea Legal Aid Corporation (132). Check law.go.kr for current law.

Frequently asked questions

Is it a criminal record?
No sentence is imposed; it is kept as an investigation record.

References

  1. 「형사소송법」 제246조(국가소추주의), 제247조(기소편의주의), 제260조(재정신청). 국가법령정보센터.
  2. 「형법」 제51조(양형의 조건). 국가법령정보센터.
  3. 「헌법재판소법」 제68조 제1항. 국가법령정보센터.
  4. 이재상·조균석·이창온. 『형사소송법』. 박영사.

Reports and materials that use this theory (Korean)

There are no materials dedicated to this theory yet, but you can search related reports in the CampusDown library (Korean).

Find more reports · Search '기소유예' on CampusDown →
Suspension of sentence (Korea)How suspension of sentence works under Korea’s Criminal Act Articles 59–61: eligible sentences, the requirement of evident remorse, deemed acquittal after two years, revocation, and comparison with suspended execution and suspension of indictment.⚖️ LawSuspended sentenceWhat is a suspended sentence? Requirements under Korea’s Criminal Act Article 62 (up to 3 years’ imprisonment or KRW 5 million fine, 1–5 years’ suspension), revocation and lapse, suspension of sentencing, Japan’s Penal Code Article 25 and China’s huanxing (Articles 72–77).⚖️ LawStatute of Limitations (Criminal)A clear guide to criminal statutes of limitations: what they are, why they exist, the federal 5-year rule, crimes with no limit such as murder, how tolling works, and how Korea, Japan and China handle time limits on prosecution.⚖️ LawThe Rule of LawWhat is the rule of law? Its meaning and history from Magna Carta to United States v. Nixon, Dicey and Fuller's principles, and how it differs from rule by law.⚖️ Law

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This article was last updated on October 24, 2026. It is based on widely recognized original works and textbooks; when citing it in a paper, please check the original sources listed in the references.