Q
I'm Canadian, teaching on an E-2 visa, and back in the spring I got into a stupid argument outside a bar that turned into pushing. The other guy filed a complaint against me for assault. I was questioned at the police station in June with an interpreter, and then nothing — no calls, no updates, for months.
Yesterday I got a letter in Korean. A coworker helped me read it and it says something like "불송치 결정" with the reason "혐의없음." She said this is good and means "not sent," but she wasn't sure what happens next. The letter also mentions the other person can "object" (이의신청?) which makes me nervous — so it's not actually over?
My visa renewal is in about two months and my school's admin already knows about the incident because the police called the school in June to confirm my address. I'm worried the renewal form asks about criminal cases, and I don't know what to write. Is a 불송치 a criminal record? Do I have to disclose it? Can immigration see it?
And practically: I want to visit family in Canada over the winter break. Am I allowed to leave the country now, or is there still some hold on me? Should I get a copy of something official in case anyone asks?
A Answer
Your coworker read it correctly. A non-referral decision (불송치 결정, bulsongchi gyeoljeong) on the ground of "no suspicion" (혐의없음, hyeomui eopseum) means the police investigated and concluded there was no basis to send your case to the prosecutor. It is not a conviction, it is not a criminal record, and nothing in it prevents you from leaving Korea. The one honest caveat is the objection you noticed: the complainant can ask for the case to be sent to the prosecutor anyway, and until that window is effectively closed, the file can in principle be reopened.
What this is under Korean law
Since the 2021 reform of investigative powers, Korean police can close a case themselves rather than sending every file to the prosecutor. The legal basis is Article 245-5 of the Criminal Procedure Act (형사소송법, hyeongsa sosong-beop). A non-referral decision comes with a stated reason. "No suspicion" is the strongest one — it means either there was no evidence, or the facts did not constitute a crime. Other grounds include "not a crime," "no right to prosecute" (for example, where the victim withdrew a complaint in an offense that requires one), and dismissal.
Assault (폭행, pokhaeng) under Article 260 of the Criminal Act is an offense that cannot be prosecuted against the victim's express will (반의사불벌죄, banuisa bulbeoljoe). That is why, in many push-and-shove cases, the outcome depends as much on the complainant's stance as on the facts.
How the process works in Korea
Three things can still happen after a non-referral. First, the complainant can file an objection (이의신청, ui-i sincheong) with the police, which requires the police to send the case to the prosecutor. Second, the prosecutor, who receives the police's record of the decision, can request re-investigation (재수사 요청, jaesusa yocheong) within 90 days if the decision looks unlawful or unreasonable. Third, nothing happens, and the case is closed.
In practice, a "no suspicion" finding after a full interview with both sides is not commonly reopened, and even when it is, the prosecutor is reviewing the same evidence. But "not commonly" is not "never," and the objection route has no short statutory deadline for the complainant, so the case is not sealed the way a dismissal with prejudice would be in Canada.
Your situation as a foreign national
On the departure question: if a departure suspension (출국정지, chulguk jeongji) was ever imposed, it would be lifted when the investigation ends, and for a case like yours one was probably never requested. You can confirm your status directly with immigration before booking. There is no ongoing hold created by a non-referral letter.
On the visa: a non-referral decision does not create a criminal record (범죄경력, beomjoe gyeongnyeok). A criminal record in Korea arises from a prosecutor's or court's disposition, not from a police investigation that ended in your favor. Immigration decisions are made by the Immigration Office, and we do not predict them, but the principle is that a case closed for lack of suspicion is not the kind of fact that immigration rules treat as adverse. Where a renewal form asks about criminal cases, answer accurately and keep the decision letter available; what the form actually asks, and how to answer it, is a question to settle with your school's immigration contact or an immigration specialist rather than by guessing. MEGA X handles the criminal side and coordinates with an immigration specialist where the case touches your status.
The police contacted your school to confirm your address. That is routine and not a notification of guilt. Give your school the same document you now have.
What to do now, and what not to do
Request a copy of the formal decision (불송치 결정서, bulsongchi gyeoljeongseo) if you only received the notice; you can obtain it through an information disclosure request, and it states the reasoning. Keep it with your visa documents. Do not contact the complainant, and do not post about the incident. If you learn that an objection has been filed, treat it as a new stage: the file goes to the prosecutor, and it is worth having a lawyer submit a short written opinion at that point rather than waiting for a summons.
From a former police investigator's perspective
Investigators close an assault case as "no suspicion" when the evidence — CCTV, witness statements, the injury picture — does not support the complainant's version, or when both parties were equally involved and the complainant's own conduct is a problem for them. A file closed on that ground is one the officer has already defended internally. What reopens it is usually not new facts but a complainant who feels ignored. If that happens, the prosecutor's review is a document review; a clear, well-organized submission from your side at that moment is what keeps it closed.
For most people in your position the letter you received is the end of it. If an objection surfaces, or if you want the decision document reviewed before your renewal, we can do that remotely — by text consultation or at +82-2-522-3959.
— MEGA X Law Firm Korea, Criminal Defense Team
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