After the case goes to the Public Prosecution Service (supplementary investigation requests after referral)

A referral text does not mean the outcome has been decided. There are things to do while the prosecutor reviews the file.

• Note the Public Prosecution Service office (district office or branch) and the case number shown in the referral text.
• If you have not yet seen the police-stage record, apply to inspect and copy the part with your own statement. You can apply even while the prosecutor is reviewing the case (Investigation Rules (수사준칙) Article 69(1)).
• Set out in a written opinion the materials and explanations you could not give at the police stage, and submit it to the prosecutor.
• If you are negotiating a settlement, the settlement agreement and statement of non-punishment now go to the Public Prosecution Service office handling the case.
• Keep a record of any contact from the Public Prosecution Service or the police, together with the case number.

From October 2, 2026, prosecutors no longer investigate directly; they decide whether to indict (Public Prosecution Service Act (공소청법) Article 4). If needed for that decision, the prosecutor can confirm the facts by hearing the views of the suspect or others involved, or by receiving written opinions, either in person or by video or phone. When hearing the suspect's views, the prosecutor must inform the suspect of the right to remain silent and the right to a lawyer, and allow the lawyer to take part (Criminal Procedure Act (형사소송법) Article 245-13(1) and (5); Investigation Rules Article 65-3).

Statements and materials confirmed this way cannot be used as evidence at trial (Article 245-13(3)). Even so, they are what the decision to indict turns on, so do not treat them lightly. In a complaint case, the prosecutor must decide whether to indict within 3 months of referral (Article 257, for complaints accepted on or after October 2, 2026).

If needed to decide whether to indict, the prosecutor asks the police for supplementary investigation (보완수사요구). It can cover the offender, the evidence, conditions for prosecution, sentencing materials, the charge and how the criminal facts are framed, and the request must be made in writing with specific reasons and content (Criminal Procedure Act Article 197-2(1) and (2); Investigation Rules Article 59(3)).

The police must carry out the supplementary investigation and report the result within 1 month of receiving the request, and the prosecutor can extend this by up to 1 month. The result must be reported within 3 months of the request, but the prosecutor can ask for further supplementary investigation after receiving it, so the case may go back and forth several times (Article 197-2(4) and (6); Investigation Rules Article 60-3). If the supplementary investigation shows there are no grounds for suspicion, the police can also decide not to refer the case after consulting the prosecutor (Investigation Rules Article 60(7)).

A request for supplementary investigation does not mean you will be indicted. It may be because the evidence is insufficient, or simply to sort out sentencing materials or the charge. If the police contact you to appear again, ask the investigator what is being supplemented and prepare materials for that point. If you are questioned again, read your first record beforehand so your account does not change. If they ask for settlement or compensation materials, now is the time to submit them.

The police and the prosecutor can each hold a person in detention for 10 days, and if supplementary investigation is needed to decide on indictment, a judge can, on the prosecutor's application, allow one extension of up to 10 days (Criminal Procedure Act Articles 202, 203 and 205). A separate period may also be set for supplementary investigation, so detention cases move faster (Investigation Rules Article 60(5)). At this stage, we also consider a review of the legality of detention (구속적부심).

Right after referral, we apply to inspect the record and write a defense counsel's written opinion for the prosecutor. When the prosecutor hears your views to confirm the facts, we take part as your lawyer, and if supplementary investigation leads to more police questioning, we prepare you and attend with you. If you received a referral text, just send us the text as it is through the chat on this page.