When someone suddenly becomes a criminal suspect in Korea, the entire legal process often feels overwhelming.
One concern I hear most often is about the victim—how to express regret, how to repair the harm, and especially how to reach what Korean law calls an agreement (합의).
Many people assume there is only one moment to try this, and if that chance slips away, everything is lost. But that is not true.
In reality, the road from the investigation stage to the trial stage is long, and along this road are several quiet doors—different ways and different moments when an agreement can be explored.
None of these doors are obvious to someone going through the process for the first time, which is why I want to explain them in a gentler, more approachable way.
At the beginning, when the case is still with the police, it may feel too early or too risky to try anything.
And in fact, directly contacting the victim at this point can sometimes worsen the situation.
In sensitive cases—especially sexual-offense cases, where any direct contact can be considered secondary harm—it is actually safer to let the police investigator know that you wish to pursue an agreement.
The investigator may ask the victim about their thoughts, or, if the victim has appointed a lawyer, communication can be made through that lawyer instead.
It is a small first doorway, but it can lead to meaningful progress.
Once the case moves to the prosecutorial stage, the path widens a little.
At this point, you may request the prosecutor to send the case to criminal mediation.
This is a formal process where both sides, either in person or over the phone, explain their views with the help of a neutral mediator.
The mediator helps adjust expectations and explores whether an agreement is possible.
Of course, mediation does not guarantee success.
If no agreement is reached, the case simply returns to the usual procedure.
If the prosecutor still holds the case file, there is yet another option: applying to inspect or copy the records, specifically the victim’s identifying information.
Before allowing this, prosecutors often check with the victim to ensure the request is appropriate.
When permission is granted, it becomes possible to contact the victim properly and make a respectful approach toward an agreement.
Eventually, the case may reach the trial stage.
Even here, the door is not closed.
After the first hearing, once evidence has been reviewed and the records have moved to the court, you may apply to inspect or copy the trial records for the purpose of reaching an agreement.
Sometimes the court grants this, and sometimes it does not.
But even when permission is denied, one more pathway remains: a request for a sentencing investigation.
In this process, you can explain truthfully that you wish to apologize and reach an agreement but simply do not know how to contact the victim.
When all other options seem impossible, there is one last measure: making a deposit for the victim.
This is a way of showing sincere intent to repair the harm, even when the victim does not respond.
However, if the victim chooses not to receive the deposit, it may not be considered as a mitigating factor in sentencing.
An agreement is not only a legal tool; it is also a way to acknowledge wrongdoing and to make an effort, however small, to ease the harm the victim experienced.
In many cases, a successful agreement can influence the direction of the case.
During the investigation stage, it may lead to a suspension of indictment.
If the case has already been indicted, the agreement can significantly impact the sentence—sometimes determining whether a person goes to prison or receives a suspended sentence.
So when people ask, “If I try once and fail, is that the end?” the answer is no.
Korean criminal procedure offers several opportunities, each appearing at a different moment and in a different form.
From the early days of the investigation, through the movement of the case to the prosecution, and all the way until the final decision in court, these small and quiet doors continue to open.
※ All content posted on this blog is intended to provide general legal information. The application of the law may vary depending on the specific circumstances of each case, so please consult with an attorney for detailed legal advice before making any decisions based on the content of this blog. Please be advised that the operator of this blog assumes no legal responsibility for any issues that may arise from the use of the information obtained here.
