Short answer. It is a decision by the prosecutor not to bring charges even though the evidence would support them. Article 247 of the Criminal Procedure Act allows a prosecutor to decline to institute prosecution, taking account of the sentencing factors in Article 51 of the Criminal Act. There is no trial, no conviction and no sentence. It is not a finding of innocence, and the decision is recorded by the prosecution service.
What Korean law says
Article 247 states the principle of discretionary prosecution in one sentence: the prosecutor may decline to institute a prosecution, taking into consideration the matters listed in Article 51 of the Criminal Act. Those matters are the general sentencing factors, which include the offender’s age, character and conduct, intelligence and environment, the relationship with the victim, the motive, means and result of the offence, and the circumstances after the offence.
Criminal Procedure Act, Article 247, Act No. 21241, in force from 1 July 2026; Criminal Act, Article 51, Act No. 21450, in force from 13 September 2026.
What usually happens in practice
This is the outcome most first-time defendants in less serious cases are actually working toward, and the factors the statute points to are the ones a defence is built around: what happened afterwards, whether harm was repaired, whether the account given was candid, and what the person’s circumstances are.
Two cautions matter for foreign nationals. First, a suspended indictment is not nothing: it is a recorded prosecutorial disposition, and other authorities may take it into account in their own decisions, including decisions about residence status. Second, because it is discretionary, it is won by what is put in front of the prosecutor before the decision, not argued about afterwards.
What you should do next
- Work out which of the Article 51 factors your case actually turns on, and address those.
- Deal with harm to the victim early. Conduct after the offence is expressly part of the test.
- Do not assume it wipes the slate for immigration purposes. Check that separately.
- Submit material before the charging decision is made.
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Written and reviewed by Soobin You, Attorney at YUSU Lawfirm. Former prosecutor. Last legal review: 12 September 2026.