Does a settlement end a sex crime case in Korea?

What Korean law says

Article 306 of the Criminal Act made the sex offences in that chapter prosecutable only on complaint. It was deleted by Act No. 11574, in force from 19 June 2013, and the supplementary provisions apply the change to offences committed on or after that date. The practical consequence is that the victim no longer holds a switch that starts or stops the prosecution.

This is a statement about the sex offences in the Criminal Act. Where the charge is brought under a different statute, whether any complaint-based or objection-based rule applies has to be checked for that specific offence rather than assumed. The offence charged, not the phrase sex crime, decides it.

Criminal Act, Article 306 deleted by Act No. 11574, in force from 19 June 2013. Current Criminal Act: Act No. 21450, in force from 13 September 2026.

What Korean courts have actually done

Recent district and appellate decisions show the same pattern from three directions.

In an Incheon District Court appeal decided on 7 March 2025 (2024No4514), the defendant had deposited 2,000,000 KRW with the court and was nonetheless given an immediate custodial sentence at first instance. On appeal a settlement was reached and the victim submitted a statement that she did not wish him punished, and the sentence was suspended. The registration and disclosure order and the employment restriction were still imposed. A settlement changed the sentence. It did not end the case, and it did not remove the collateral consequences.

A Busan District Court judgment of 24 April 2025 (2024GoDan2469) shows the limit on deposits. The defendant deposited 2,000,000 KRW after argument had closed, and the victim’s intention to accept it was never confirmed. The court said it could take the deposit into account only to a limited extent, and imposed four months’ imprisonment.

A Seoul Western District Court appeal of 25 September 2025 (2024No1446) runs the other way. A 7,000,000 KRW deposit was refused by the victim, and the court still gave it limited weight, reducing the fine from 7,000,000 to 4,000,000 KRW.

Read together: a deposit is not a settlement, and a settlement is not a discontinuance. What the courts weigh is a sentencing factor whose weight depends on timing, on whether the victim actually engaged with it, and on whether a genuine agreement was reached rather than money being placed with the court.

What usually happens in practice

A settlement reached with the complainant is recorded and put before the prosecutor and the court. It is one of the strongest mitigating factors available, and in a narrow case it can influence whether charges are brought at all. What it does not do is end the matter automatically. The investigation continues, and the decision stays with the prosecutor and the court.

A separate document is often produced in which the complainant states that they do not wish the accused to be punished. For offences where the law makes punishment conditional on the victim’s objection, that statement is decisive. For offences where it does not, it is treated as mitigation. Which category the charge falls into is the first thing to establish.

Settlements in these cases are also negotiated under pressure and often at speed. Terms that look harmless, an apology worded as an admission for instance, can follow the case into the criminal file.

What you should do next

• Establish exactly which offence and which statute you are charged under before negotiating anything.
• Do not treat a settlement as an exit. Treat it as one part of the response.
• Understand the difference between a settlement with the victim and a deposit with the court. The courts weigh them differently.
• Have the wording reviewed before signing. What the document admits can matter more than the amount.
• If you have been told the case is over because a complaint was withdrawn, verify that with the investigating officer rather than relying on it.

Written and reviewed by Soobin You, Attorney at YUSU Lawfirm. Former prosecutor. Last legal review: 12 September 2026.