Criminal Complaint (Goso)

A legal concept distinct from accusation and petition, in which a crime victim or other eligible person reports a criminal fact to an investigative agency and seeks punishment.

Criminal Complaint (Goso)

Overview

A criminal complaint (告訴, goso; Korean: 고소) is an expression of intent by a person who has suffered harm from a crime, or by their legal representative, etc., to report the facts of the crime to an investigative agency and seek punishment of the offender. Under the Criminal Procedure Act (형사소송법), a criminal complaint serves as a clue for investigation and, in cases such as offenses subject to complaint (친고죄), may also be a condition for prosecution; thus, its legal nature differs significantly from a mere report. A criminal complaint may be filed only by a person entitled to file it under law, such as the victim of the crime, and once an investigative agency receives the complaint, it determines whether to investigate.

Key Details

Person Entitled to File a Complaint

According to Article 223 of the Criminal Procedure Act, a person who has suffered harm from a crime may file a criminal complaint. In addition, the victim's legal representative; if the victim has died, their spouse, lineal relatives, or siblings; and if the victim has no legal representative, an interested party, etc., may also file a complaint under certain requirements. However, for offenses subject to complaint, the persons entitled to file may be limited depending on special status relationships or provisions.

Method and Period of Filing

A criminal complaint must be made in writing or orally to a prosecutor or a judicial police officer (Article 237 of the Criminal Procedure Act). An oral complaint is recorded in a written statement. For offenses subject to complaint, the period for filing is six months from the date the offender becomes known (Article 230 of the Criminal Procedure Act), and after this period the right to file a complaint is extinguished. However, for certain sexual offenses such as rape and forced indecent conduct, the offense-subject-to-complaint provisions have been abolished, allowing punishment without a limitation period for filing a complaint.

Withdrawal and Effect of a Criminal Complaint

A criminal complaint may be withdrawn before the pronouncement of the first-instance judgment, and a withdrawn complaint cannot be filed again (Article 232 of the Criminal Procedure Act). Once a lawful complaint has been filed, its effect extends to all persons entitled to file it, and a complaint against one accomplice also has effect on the other accomplices (Article 233 of the Criminal Procedure Act).

Distinction Between Criminal Complaint, Accusation, and Petition

A criminal complaint is an expression of intent by a victim, etc., to seek punishment, whereas an accusation is a report of criminal facts by a third party. A petition has the character of raising a civil complaint with an investigative agency, and is distinguished from a criminal complaint or accusation in that it is not an expression of intent to punish. In practice, this distinction has a decisive effect on whether an investigation is initiated and whether the conditions for prosecution are satisfied.

Relationship with the Crime of False Accusation

If a criminal complaint is contrary to fact or false, the crime of false accusation (Article 156 of the Criminal Act) may be established. The crime of false accusation is established by reporting false facts with the aim of having another person receive criminal punishment, and is punishable by imprisonment for not more than 10 years or a fine not exceeding 15 million won.

Handling by Investigative Agencies

When a written complaint is received, the police assign the case and proceed with the investigation. If the investigation finds the charges to be substantiated, the case is referred to the prosecution; if not, a non-referral decision (dismissal or no suspicion) is made. The complainant may file an objection against a non-referral decision, and the prosecution may order a reinvestigation or conduct the investigation directly.

Recent Trends

In 2024–2025, complaints related to digital crimes such as online defamation, cyber stalking, and deepfake sexual offenses have been increasing rapidly. In particular, as deepfake illegal composite material cases have emerged as a social issue, more victims are actively filing complaints. In addition, discussions on institutional improvements to reduce harm caused by abuse and malicious complaints are underway, and the handling of cases involving juveniles below the age of criminal responsibility and mentally ill persons is being reorganized to ease the police's burden in handling complaint cases. Furthermore, digital administrative services such as simplification of complaint forms and expansion of online complaint filing systems are being introduced.