When you hear nothing after questioning: what to do in the meantime

A few weeks after questioning, the calls come: ‘I haven't heard anything. What's going on?’ When you ask the police station, the only answer is that it is under review. You can't tell whether no news is good news or something bigger is being prepared, so every day feels long.

There is now a deadline for a decision, but

From October 2, 2026, the police must finish investigating cases initiated by a complaint or accusation and decide whether to refer them within 3 months of accepting them (Article 238 of the Criminal Procedure Act). However, this deadline applies to complaint and accusation cases, not to cases the police discovered and started on their own. Cases with many people involved or that require analysis of materials may take longer to reach an actual conclusion.

There is no need to assume that a long wait is a bad sign. There is just one thing to remember: until the result comes out, the decision has not been made, and materials submitted in the meantime are also considered.

If you want to know how things are going, asking the investigator about once a month or checking through counsel is enough. The investigator may contact you to request additional materials or schedule further questioning; if so, asking what they want to confirm will make it easier to prepare.

Organizing what you couldn't say in the interview room

On the way home from questioning, there is always something you wish you had said. You may have given a wrong number in a moment of panic, or had materials at home that would have explained things but didn't bring them. Before your memory fades, write down the questions you were asked and your answers. Mark separately any questions you couldn't answer or answered vaguely.

You can apply to inspect and copy the record containing your own statement (Article 69(1) of the Investigation Rules (수사준칙)). After checking how the record was written, if you put the missing explanations and materials together in a written opinion and submit it, it will be reviewed together when deciding whether to refer the case. A written opinion is only meaningful if it goes in before the decision is made. One submitted after the conclusion has been reached becomes a request to overturn a decision already made.

What not to do while waiting

• Calling the investigator in charge every few days to press for a result
• Contacting the complainant directly and asking them to withdraw the complaint
• Writing a different account from the one you gave during questioning in a written opinion without materials to back it up

Be especially careful about contacting the complainant directly. Even if you meant to apologize, the other side can easily feel pressured, and that contact goes back into the investigation file. If a settlement is needed, it is better to find out the other side's wishes through counsel first.

If you admit the allegations, this period is also a good time to prepare for a settlement. If restitution is made before the decision on referral, it can be reflected both in the police's decision and in the prosecutor's decision afterward.

The result is usually notified by text message (Article 53 of the Investigation Rules). If you receive a text about referral or non-referral, don't delete it; keep it along with the case number. The next step starts from that message.