How to Access Complaint Letters and Interrogation Records in South Korea | Atlas Legal
Table of Contents
- 1. Can I Access Investigation Records Through the Information Disclosure Portal?
- 2. How to Register on the Information Disclosure Portal
- 3. How to Complete the Information Disclosure Request Form
- 4. Why Is the Personal Information Exclusion Clause Important?
- 5. What to Do If the Prosecution Refuses Disclosure
- 6. FAQ
Real Case: “The prosecution said it’s confidential—does that mean I really can’t see it?” Mr. A, who had filed a criminal complaint after being insulted in an online game, wanted to know what the suspect had stated during the investigation after receiving a non-prosecution decision. He applied to view the records at the prosecution office but was refused on grounds of “privacy concerns.” However, the court ruled this refusal was unlawful.
Why Did the Prosecution Refuse, and Why Did the Court Overturn It?
In the case Mr. A filed, the suspect received a “suspension of indictment” disposition. Mr. A wanted to verify what the suspect had stated during the investigation, so he applied to copy the suspect interrogation records. However, the prosecution office refused, citing Article 22 of the Prosecution Record Preservation Rules and Article 9(1)(6) of the Official Information Disclosure Act, claiming “privacy concerns.” Mr. A filed an administrative lawsuit, and the court ruled: “Since the investigation concluded with a non-prosecution decision, disclosure would not impede prosecutorial duties. Moreover, since the applicant explicitly excluded personal information, the grounds for non-disclosure do not apply.” The court overturned the refusal disposition. We will explain in detail how to access investigation records through the Information Disclosure Portal, the legal basis, and how to respond if disclosure is refused.
1. Can I Access Investigation Records Through the Information Disclosure Portal?
Principle: Information Held by Public Institutions Is Subject to Disclosure
Article 3 of the Official Information Disclosure Act states that “information held and managed by public institutions shall be actively disclosed in accordance with this Act to guarantee the people’s right to know.” Since prosecution offices are public institutions, investigation records held by prosecutors are, in principle, subject to disclosure.
The main text of Article 9(1) of the same Act specifies that “information held and managed by public institutions shall be subject to disclosure.” However, the proviso of the same article enumerates categories of information exempt from disclosure—if the information does not fall under these categories, it must be disclosed.
Scope of Accessible Investigation Records
According to Article 69(2) of the Regulation on Mutual Cooperation and General Investigation Rules between Prosecutors and Judicial Police Officers, “suspects, case-related persons, or their attorneys may request inspection and copying of all or part of the records of cases where prosecutors have made non-prosecution decisions or judicial police officers have made non-referral decisions.”
Therefore, the following investigation records can be inspected and copied:
First, complaint letters. Complaint letters submitted by complainants can be viewed by suspects as case-related persons.
Second, suspect interrogation records. These are transcripts of statements made by suspects to investigative agencies. Suspects can request them, and complainants can request inspection after a non-prosecution decision is issued.
Who Can Request Inspection?
Under Article 69 of the Investigation Rules, the following persons may request inspection and copying:
Suspects themselves can inspect their own case records. Case-related persons including complainants, reporters, and victims can also request inspection. Attorneys may request inspection on behalf of suspects or case-related persons.
Additionally, under Article 69(5) of the Investigation Rules, “legal representatives, spouses, lineal relatives, or siblings of suspects or case-related persons who submit a power of attorney and documents proving their relationship” may also request inspection and copying.
2. How to Register on the Information Disclosure Portal
Accessing the Information Disclosure Portal
Access the Information Disclosure Portal (www.open.go.kr). Click the “Sign Up” button in the upper right corner of the main screen to proceed with registration.
TIP: You can submit information disclosure requests without registering. However, logging in as a member makes it convenient to track your requests and check results, so registration is recommended.
3. How to Complete the Information Disclosure Request Form
Accessing the Request Form Screen
After logging into the Information Disclosure Portal, click the “Request Information Disclosure” menu on the main screen, then click the “Write Request” button to access the request form screen.
Selecting the Institution
Select the institution holding the information (police station or prosecution office).
Writing the Request Content
Complete each section of the request form as follows:
Title
Briefly describe the information being requested. Example: “Request for Copy of Suspect Interrogation Records, [District] Prosecution Office Case No. 2025-Hyeongje-XXXX”
Request Content
Describe in detail what information you are requesting. Include the case number and type of documents requested. When requesting statements of others (not your own), you must include the personal information exclusion clause.
1. Case Reference: [District] Prosecution Office Case No. 2024-Hyeongje-XXXX
2. Requester’s Status: Complainant in the above case
3. Purpose of Request: Fact verification
4. Information Requested:
Suspect interrogation records from the investigation file of the above case
(Excluding personal information as defined in Article 2(1) of the Personal Information Protection Act, including resident registration number, occupation, residential address, registered domicile, workplace address, contact information, family relations, educational background, and military service status)
5. Preferred Disclosure Method: Postal delivery of printed copies
1. Case Reference: [District] Prosecution Office Case No. 2024-Hyeongje-XXXX
2. Requester’s Status: Suspect in the above case
3. Purpose of Request: Fact verification and rights protection
4. Information Requested:
Complaint letter from the investigation file of the above case
(Excluding personal information as defined in Article 2(1) of the Personal Information Protection Act, including resident registration number, residential address, and contact information)
5. Preferred Disclosure Method: Electronic file via Information Disclosure System
Selecting Disclosure Method
Choose from the following options: in-person inspection at the institution, postal or in-person pickup of printed copies, or electronic file delivery through the Information Disclosure System.
Fees
Submitting the information disclosure request itself is free. Fees of approximately 50 KRW per A4 page apply for printed copies.
Submitting the Request
After completing all content, click the “Submit” button to complete your request. A request receipt number will be assigned, which you can use to track the processing status.
4. Why Is the Personal Information Exclusion Clause Important?
Court Precedents on This Issue
Both the Uijeongbu District Court ruling of May 26, 2022 (Case No. 2021Guhap12768) and the Daejeon District Court ruling of December 7, 2022 (Case No. 2021Guhap106776) held that “not only did the plaintiff explicitly exclude ‘personal information’ as defined in Article 2(1) of the Personal Information Protection Act from the scope of the disclosure request, but the information in question primarily contains statements regarding the circumstances, motives, and details of the suspect’s alleged offense. Therefore, it is difficult to conclude that the information contains ‘information that, if disclosed, could be deemed to infringe on the secrecy or freedom of private life.'”
In other words, if you explicitly exclude personal information from your request, it becomes difficult for the prosecution to refuse disclosure under Article 9(1)(6) of the Official Information Disclosure Act (privacy infringement).
Scope of Personal Information
Personal information as defined in Article 2(1) of the Personal Information Protection Act includes the following:
“Information about a living individual that can identify the individual through name, resident registration number, video, etc.” It also includes “information that, while not sufficient to identify a specific individual on its own, can be easily combined with other information to identify an individual.”
List of Personal Information to Exclude
When submitting an information disclosure request, the following personal information should be explicitly excluded:
Resident registration number, residential address, registered domicile, workplace address, contact information (phone number, email), occupation, family relations, educational background, military service status, etc.
“(Excluding personal information as defined in Article 2(1) of the Personal Information Protection Act, including resident registration number, occupation, residential address, registered domicile, workplace address, contact information, family relations, educational background, and military service status)”
What If You Don’t Include the Exclusion Clause?
If you submit a request without the personal information exclusion clause, the prosecution is more likely to issue a non-disclosure decision citing “concerns about infringing on the secrecy or freedom of private life.” In such cases, you also risk losing in administrative litigation.
5. What to Do If the Prosecution Refuses Disclosure
Reviewing the Refusal Notice
Within 10 days of submitting an information disclosure request (20 days if extended), a decision on disclosure will be notified. If non-disclosure is decided, the reasons will be provided with the notice. Carefully review the non-disclosure reasons stated in the notice.
Filing an Objection
Under Article 18 of the Official Information Disclosure Act, you may file an objection if you disagree with the disclosure decision. Submit an objection to the relevant public institution within 30 days of receiving the decision notice. The institution must decide and notify you of the result within 7 days of receiving the objection.
Administrative Appeal
Under Article 19 of the Official Information Disclosure Act, you may file an administrative appeal. This must be filed within 90 days from learning of the disposition and within 180 days from the date of disposition.
Administrative Lawsuit
Under Article 20 of the Official Information Disclosure Act, you may file an administrative lawsuit. This must be filed within 90 days from learning of the disposition and within 1 year from the date of disposition. File a lawsuit for revocation of the information disclosure refusal disposition at the competent administrative court.
TIP: Administrative appeals and administrative lawsuits can be pursued simultaneously, or you can file an administrative lawsuit directly without going through an administrative appeal. Choose based on considerations of time and cost.
6. FAQ
Atlas Legal, located in Songdo, Incheon, provides legal services in criminal defense, corporate disputes, and information disclosure matters. We have experience representing clients in administrative appeals and administrative lawsuits challenging prosecution refusals to disclose investigation records. If your information disclosure request has been refused, we can advise you on legal remedies.
※ The court rulings cited in this article—Uijeongbu District Court 2021Guhap12768 (May 26, 2022) and Daejeon District Court 2021Guhap106776 (December 7, 2022)—can be verified through the Supreme Court’s Comprehensive Legal Information System.