What Is a Criminal Complaint?
In Korea, a criminal complaint (고소, goso) is a formal request by a victim or another legally authorized complainant for an alleged offender to be investigated and prosecuted. It differs from an accusation by a third party (고발, gobal). A clear complaint can help identify the alleged offence, chronology, and supporting evidence, but it does not guarantee prosecution or a particular result.
Who Can File
Generally, a victim of a crime may file a criminal complaint regardless of Korean nationality or residence status. Statutory restrictions can apply—for example, Article 224 of the Criminal Procedure Act generally prohibits a complaint against the complainant's or the complainant's spouse's lineal ascendant, subject to exceptions under special laws. A complaint may also be filed through an authorized representative.
Where and How to File
- Police station (경찰서): Most complaints are filed at the police station with jurisdiction over where the crime occurred or where the suspect is located.
- Prosecutor's office (검찰청): Complaints can also be filed directly with the prosecutor, though this is less common for initial filings.
- Written complaint (고소장): Although a complaint may be oral where the law permits, a written complaint can state the facts, potentially relevant provisions, and supporting material in an organized form.
Time limits: The criminal statute of limitations and any separate complaint period must both be checked. For an offence prosecutable only upon complaint (친고죄), the complaint generally must be filed within six months after the complainant learns the offender's identity, subject to statutory exceptions. This is different from an offence that cannot be prosecuted against the victim's expressed wishes (반의사불벌죄). Filing promptly helps preserve the available procedures and evidence.
What Happens After Filing
- The investigating authority will assign the case and conduct an investigation, which may include interviewing witnesses, requesting documents, and summoning the suspect.
- You may be called in as the complaining witness (고소인) to provide a statement. Prepare a clear, chronological account of events.
- After a police investigation, a case supported by reasonable suspicion is generally transferred to the prosecution. The police may instead make a non-referral decision under the statutory procedure.
- The prosecutor may indict, seek a summary order from the court, or make a non-prosecution decision. The court—not the prosecutor—issues any summary order.
- Depending on standing and the decision, a complainant may object to a police non-referral decision, appeal a prosecutor's non-prosecution decision to the competent higher prosecutors' office, and in eligible cases seek court review (재정신청) after the required steps. Short deadlines can apply.
Scheduled institutional change: The Prosecutors' Office Act is scheduled to be repealed when the Public Prosecution Service Act takes effect on October 2, 2026. For filings, notices, or review steps taken on or after that date—including matters that began earlier—confirm the applicable institution names, deadlines, and transitional rules.
Evidence and Case Preparation
Relevant, lawfully obtained evidence can help investigators assess the alleged offence and compare the account with objective records. Useful material may include messages, emails, contracts, financial records, photographs or videos, medical records, and witness information. Organizing the material chronologically before filing can make the allegations and supporting basis easier to understand.
How an Attorney Can Help
An attorney can help prepare a legally focused complaint, identify potentially relevant criminal provisions, organize and submit supporting material, advise the complainant before an interview and seek attendance where permitted, monitor notices, and pursue any review remedy available to the client.
Related Procedures
See also:
Official sources
This guide references the following official sources. Complaint periods and review procedures depend on the offence, standing, decision, and date of notice.