Legal terms and details on disposal of the case
In case that a suspect was pleaded guilty and needs to be disposed of prison sentences, prosecutors request court for trials.
In case that a suspect was pleaded guilty and needs to be disposed of fines, prosecutors request court for summary order.
Postponement of indictment
Even though a suspect's crime is acknowledged, the prosecutor may not arraign him/her in consideration of his/her age, character and environment, etc., gives him or her a chance to live in a rightful way, rather than making him a convict.
In case that a criminal case does not have sufficient evidence or is found not to constitute a crime under the law, it will be disposed as non-suspicion.
Crime not established
In case that a suspect is considered to not act illegally for justifiable reasons and emergency evacuation, or it is inappropriate for the suspect under the age of 14 or mentally defective to be held accountable, it will be disposed as a crime not established.
No right of arraignment
In case that a suspect cannot be punished because of reasons under the law such as statute of limitations and pardon, it will be disposed as no right of arraignment.
Stay of indictment
In case that a suspect's whereabouts are unknown, prosecutors put on hold a final decision until his or her whereabouts are known. Thus, prosecutors conduct investigations on him or her again if his or her whereabouts are known.
Stay of indictment for a limited time-Refer to criminal mediation
To solve a conflict ultimately and provide practical help for damages, prosecutors put on hold a final decision until the result of criminal mediation comes out. The process of criminal mediation includes relevant parties and mediators. Even when successful mediation has not been made, the outcome will not affect prosecutors' disposal of the case.
Stay of indictment due to absent witness
In case that other suspect's or important witness's whereabouts are unknown, prosecutors put on hold a final decision until his or her whereabouts are known. Thus, prosecutors conduct investigations on him or her again if his or her whereabouts are known.
Prosecutors may dispose of a case as dismissal without investigation in cases that the accuser or delator is not present or his whereabout is unknown; that the case with non-indictment is filed again with no new evidence; that the case clearly belongs to no suspicion, crime not established and no right of arraignment; and that the case filed through a letter of complaint or of delation clearly possesses a reason for non-indictment.
After transferring the case to the prosecutors' office relating to the suspect or important witness, prosecutors may let the relevant office decide the disposal of the case or dispose of the case by receiving the case again when the investigation ends.
Refer to juvenile protection case
In case that a suspect aged under 19 needs to be decided in courts where juvenile cases are mainly dealt with, it will be disposed as "refer to juvenile protection case."