The police did not refer my case, but the complainant objected

Gather the non-referral decision and any contact you received afterwards in one place, and check the following.

• See whether the reason for non-referral (불송치) was no suspicion (crime not established, or insufficient evidence), not a crime, no right to prosecute, or dismissal (Investigation Rules (수사준칙) Article 51).
• Check whether the non-referral notice was given before or after October 2, 2026. The objection deadline differs.
• Find out which Public Prosecution Service (공소청) office the case was referred to because of the objection, and the case number.
• Apply to inspect and copy the record of the non-referred case (Investigation Rules Article 69(2)).
• For the complainant's objection, you can also apply to inspect and copy the parts about the allegations against you, stating why you need them (same article, (3)).

A complainant or similar person who receives a non-referral notice can file an objection with the head of the police office, and once filed, the police must refer the case to the prosecutor without delay (Criminal Procedure Act (형사소송법) Article 245-7(1) and (4)). A person who reported the crime without being the victim can file an objection only for certain offenses set by presidential decree, such as false accusation (paragraph (2)).

The deadline for an objection is 3 months from the day the notice was received, and with good reason it can be extended up to 6 months from the date the record was sent (paragraph (3)). This deadline applies to notices given on or after October 2, 2026 (Addenda Article 7 of Act No. 21857). For cases notified before then, there is no deadline, so an objection can come in even after quite some time.

In a case referred because of an objection, the prosecutor can look at the file and indict or decide not to indict, and if further investigation is needed, ask the police for supplementary investigation (Criminal Procedure Act Article 197-2(1)(iii)). The prosecutor can also confirm the facts by hearing the views of the suspect or the complainant (Article 245-13). The prosecutor may find grounds for suspicion from the file alone, contrary to the police, so responding at this stage is no less important than before the non-referral.

Even without an objection, if the prosecutor finds a non-referral unlawful or unjustified, the prosecutor can request a re-investigation within 3 months of receiving the file, and the police must finish it within 3 months (Article 245-8). That is why you should not throw away your materials after a non-referral.

Complainants and similar persons can apply to inspect and copy investigation records to make an objection, and all or part may be allowed if found necessary. Access is limited where there are reasons such as risk to privacy, and handing records to others in breach of the purpose or conditions is punishable (Article 245-12). On the basis that part of your statement may be disclosed to the complainant, we respond by identifying what the complainant is disputing in the objection.

The prosecutor decides by weighing the police file, the objection and both sides' views. Prepare the following and submit them to the Public Prosecution Service office the case was referred to.

• A written opinion explaining why the reasons for non-referral should stand
• Materials rebutting each claim in the objection
• Any new materials obtained since the police stage
• A review of your police-stage statements in case of further questioning
• Not contacting the complainant directly. If it looks like pressure, it counts against you

We apply to inspect and copy the non-referral record and the objection to see what the complainant is disputing, and write a defense counsel's written opinion for the prosecutor. When the prosecutor hears your views, we take part as your lawyer, and if supplementary investigation leads to more police questioning, we attend with you. If you have heard about an objection, contact us through the chat on this page with the non-referral decision to hand.