Does a Settlement End a Criminal Case in Korea?

A settlement with the other person can end a criminal case in Korea, but only for certain offences. For many others, including theft and most offences involving money, the case continues after a settlement and the agreement matters mainly for how the case is decided and sentenced. The first question is always which kind of offence the case involves.

Key points

Some offences can only be prosecuted if the victim files a complaint. If that complaint is withdrawn, the case cannot go ahead.
Some offences can be prosecuted without a complaint, but not against the victim’s clearly expressed wish. A statement that the victim does not want punishment has the same effect.
For all other offences, a settlement does not stop the case. It is a factor the prosecutor and the court can weigh.
A withdrawal is final. The person who withdraws cannot file the same complaint again.

Three Kinds of Offences, Three Different Effects

Korean criminal law does not treat every offence the same way when the victim and the accused reach an agreement. Before discussing money or wording, it helps to know which of the following groups the case belongs to.

1. Offences that need a complaint

For these offences, prosecution is only possible if the victim files a criminal complaint. Insult is an example: Article 311 of the Criminal Act makes public insult a crime, and Article 312(1) says it can only be prosecuted on a complaint. If the complaint is withdrawn, the court must dismiss the prosecution (Criminal Procedure Act, Article 327, item 5).

These offences also have their own filing deadline. A complaint must be filed within six months from the day the victim came to know who the offender is, unless something beyond the victim’s control made filing impossible (Criminal Procedure Act, Article 230(1)).

2. Offences that cannot be prosecuted against the victim’s wish

Here, the police and prosecutor can act without a complaint, but prosecution cannot continue once the victim clearly says they do not want the accused punished. Simple assault (Criminal Act, Article 260(3)) and threats (Criminal Act, Article 283(3)) work this way. If that wish is expressed, or an earlier wish for punishment is withdrawn, the court must dismiss the prosecution (Criminal Procedure Act, Article 327, item 6).

In practice this is often done through a written statement that the victim does not wish the accused to be punished. We explain that document in What is a statement of no desire for punishment?

3. Everything else

Most offences fall into neither group. Theft (Criminal Act, Article 329), for example, can be prosecuted whether or not the victim agrees. A settlement in these cases does not close the file. What it can do is change how the case is viewed: Article 51 of the Criminal Act lists the circumstances after the offence among the factors considered in deciding punishment, and repairing the harm is usually central to that.

Not sure which group your case is in?Send us the charge or the offence named in the police notice. A Korean attorney checks which rules apply before you sign or pay anything. No need to call first. Tell us about your case.

Withdrawal Is Final

A complaint can be withdrawn only until the first instance judgment is announced (Criminal Procedure Act, Article 232(1)). After that point, withdrawal no longer has this legal effect.

A person who withdraws a complaint cannot file it again (Article 232(2)). The same rule applies when a victim withdraws a wish for punishment in an offence of the second kind (Article 232(3)). This is why victims should not sign anything until the agreement has actually been performed, and why an unsigned promise does not end a case for the accused either.

What a Settlement Agreement Should Say

Whether you are the victim or the accused, the agreement itself is where most problems start. Points worth settling in writing:

Who the parties are, with names written exactly as in the official record.
The amount, the payment date and how payment will be proven.
Whether the victim will withdraw the complaint or submit a statement of no desire for punishment, and when.
Whether the agreement also settles civil claims, or only the criminal side.
What happens if payment is late or incomplete.
Which language version controls, if the agreement is translated.

Common Mistakes by Foreign Nationals

Assuming a settlement ends every case. For offences in the third group, it does not.
Contacting the other person directly after being told not to. In some cases that contact creates new problems. See Can I contact the complainant?
Paying cash with no written record.
Signing a Korean document without a reliable translation.
Treating a settlement as a way to avoid immigration consequences. A criminal outcome and a visa decision are separate questions.

When Legal Help May Be Useful

A lawyer is most useful before the first offer is made: to confirm which group the offence belongs to, to communicate with the other side when direct contact is risky, and to make sure the written agreement produces the effect both sides expect. Sexual offence cases have their own considerations, which we cover in Does a settlement end a sex crime case?

Frequently Asked Questions

If we settle, will the police stop investigating?

Only if the offence is one that needs a complaint and the complaint is withdrawn, or one that cannot be prosecuted against the victim’s wish and that wish is clearly expressed. Otherwise the investigation can continue.

Can the victim change their mind after withdrawing?

No. Under Article 232(2) and (3) of the Criminal Procedure Act, a person who withdraws a complaint, or withdraws a wish for punishment, cannot file it again.

Is there a deadline for withdrawing a complaint?

Yes. Withdrawal is possible until the first instance judgment is announced.

Does a settlement help if the offence is theft or fraud?

It does not end the case by itself, but it can be taken into account when the case is decided and when punishment is set.

Do I need a lawyer to settle?

No. But a lawyer can confirm the legal effect first and can handle communication when contacting the other person directly would be unwise.

Legal Basis

Criminal Act (Act No. 21450): Articles 51, 260, 283, 311, 312, 329
Criminal Procedure Act (Act No. 21241): Articles 230, 232, 327
Checked against the Korean Law Information Center in September 2026. This article is general information, not advice on a specific case.