Early steps shape everything after

A criminal case begins with a complaint, a report, or the authorities' own detection, and moves through police investigation, referral to the prosecution, the prosecutor's disposition, and trial. What can be done differs at each stage, and some points cannot be undone once passed, the record of the first suspect interrogation is the clearest example. The prosecutor's disposition may be indictment, non-indictment, or an application for a summary order, and the route that follows differs completely depending on which. Whether to request a formal trial after a summary order is itself a decision that needs weighing. At the consultation we establish which stage the case is at, then set out what comes next and by when.

Korean criminal procedure guarantees a suspect the right to counsel, the right to have counsel present during questioning, and the right to remain silent. Because the record made by investigators becomes significant material at trial, preparation before the first interview matters. From the moment a summons arrives we organise the facts and work through how far to answer and what documents to submit. Where coercive measures such as search, seizure or arrest have taken place, whether those followed lawful procedure is also examined. Some cases close at the investigation stage without indictment, or change character before charges are framed. Handling this phase properly can change the direction of the case.

A lawyer can also act for the injured party in starting and running a criminal case: drafting and filing the complaint, submitting written opinions to investigators, and providing support through questioning. Where the outcome of an investigation is unsatisfactory, appeal routes exist, including an appeal to the higher prosecutor's office and an application for adjudication, each with its own deadline. A parallel civil claim for damages is often worth considering. If the other side proposes a settlement or a criminal deposit, whether to accept and on what terms is a decision in itself. Before a complaint is filed we establish which offences the facts could support and how far they can actually be proved.

Breaches of the statutes that regulate business, food and livestock hygiene, public health, environment, industrial safety, commonly trigger administrative sanctions and criminal charges at the same time. Both sole traders and corporations can be exposed. In these cases it is common for the business owner or the company to be charged alongside the individual who acted, under joint penalty provisions. The issues then are intent or negligence, and whether the owner exercised a reasonable degree of supervision to prevent the breach. Conditions at the time of inspection, labelling, storage practice, and how internal procedures were documented often decide the outcome. In 2020 this office represented a corporation charged under the Livestock Products Sanitary Control Act before the Wonju Branch of Chuncheon District Court and obtained an acquittal.