Korea's Rising Non-Referral Rate: What the Numbers Show
Over the past
few years, I've noticed a clear pattern in South Korea: more and more people
who file a criminal complaint end up receiving a “non-referral” notice from the
police — meaning the case is closed instead of being forwarded to prosecutors.
As a lawyer who has watched many criminal cases unfold, I believe there's a
real reason behind this trend.
A recent news
report captured this shift well:
“Police non-referral decisions rose
from 389,179 in 2021 to 580,774 last year — an increase of roughly 49%. The
rate at which people appeal non-referral decisions has climbed steadily as
well, from 7% in 2021 to 9.7% last year, and to 11.3% in the first half of this
year, meaning more than one in ten non-referral cases is now being appealed.”
— Maeil Shinmun, July 26, 2026,
“[Breaking] Appeals of Police Non-Referral Decisions Double in Four Years —
34,000 Filed in First Half of This Year”
Why Police Move the “Easy” Cases First
I don't think
these numbers are a coincidence. Korean police are dealing with a heavier
caseload than ever before. When someone files a complaint without laying the
groundwork for an efficient investigation — offering only a rough sketch of the
facts and expecting the police to play detective, tracking down every piece of
evidence and identifying the offender on their own — a non-referral decision is
often the result under today's conditions.
I understand
the frustration many people feel: “I'm the victim here — why should I have to
dig up the evidence myself? Isn't that the investigators' job?” But look at it
from the police's side. They're already buried under a mountain of pending
cases. When a complaint is vague, offers little more than bare assertions with
almost no supporting evidence, and the little evidence that does exist doesn't
clearly line up with the claims — often nothing more than the complainant's own
diary entries or personal notes — the police are left to track down everything
else on their own. Naturally, cases with clear, well-matched evidence that are
easy to refer to prosecutors get handled first, while the rest fall behind.
An Unprepared Complaint Rarely Gets Faster Results
Given this
reality, it only makes sense that investigators tackle the easier,
better-documented cases first to keep their numbers moving.
That's exactly
why I believe a criminal complaint should be prepared professionally, with a
lawyer's help, right from the start — not filed in a hurry and followed by an
appeal only after a non-referral decision comes back.
In my
experience, the less preparation that goes into the initial complaint, the
longer it actually takes to reach a result. And the appeal that follows a
non-referral decision is often put together with the same lack of preparation
as the original complaint. The outcome, all too often, is that the case drags
on and on, only to end with the appeal being denied.
The Bottom Line: Prepare Properly From Day One
If you're
thinking, “I'm the victim — why should I have to make things easier for
investigators?”, I understand that instinct completely. But if what you
actually want is a fast, reliable resolution, the answer isn't to fight that
reality. It's to hire a lawyer who can prepare your complaint the right way
from the very beginning.
