Sex Crime Investigation Process in Korea

A sex crime investigation in Korea follows a structured process, and understanding each stage is essential for anyone facing allegations. For foreign nationals, the process includes additional complications related to language, cultural differences, and immigration status.

Stage 1: The Complaint

A sex crime investigation begins when a complaint is filed at a police station or prosecution office. The complainant provides an initial statement. Police may conduct a forensic medical examination. Physical evidence may be collected. The accused may not know that a complaint has been filed at this stage — police may investigate for days or weeks before making contact.

Stage 2: Initial Police Contact

Police typically contact the accused by phone to schedule questioning, or they may appear in person at the accused's home or workplace. In serious cases, police may arrest the accused without prior notice. This is the most critical moment in the investigation. Your first contact with police should trigger an immediate call to a criminal defense lawyer. Do not agree to questioning without legal counsel present.

Stage 3: Police Questioning

As a suspect, you have the right to have an attorney present during questioning. The session is recorded in writing. You will be asked to review and sign the record. Police investigation may continue for weeks, including multiple questioning sessions, witness interviews, forensic examination of electronic devices, and review of CCTV footage and other evidence. At the conclusion, police forward the case to the prosecution.

Stage 4: Prosecution Review

The prosecution independently reviews the police investigation file. The prosecutor may summon the accused for additional questioning. The prosecutor decides whether to: indict (send the case to trial), issue a summary order (fine), suspend indictment (conditional non-prosecution), or decline to indict (case closed). This decision can take weeks or months.

Stage 5: Trial

If indicted, the case proceeds to trial before a panel of judges. Sex crime trials in Korea are before professional judges, not juries (except in limited circumstances). The trial process includes: opening statements, examination of evidence, witness testimony, the defendant's testimony, closing arguments, and judgment. Trials typically involve multiple hearing dates spread over several months.

Stage 6: Sentencing and Appeal

If convicted, the court imposes a sentence after considering statutory sentencing guidelines, the specific circumstances, and any mitigating factors. Both the prosecution and the defendant have the right to appeal. Appeals must be filed within 7 days of the judgment. The appellate process can take additional months.