Criminal Mediation System Defies Fears of Decline: "Referrals Rise"

Referrals Up 4.8% Year Over Year in Public Prosecution Office's First Month

Contrary to concerns that the abolition of prosecutors' investigative powers would weaken the criminal mediation system, the number of cases referred for criminal mediation rose in the first month after the Public Prosecution Office was launched. The existing system has remained in place since the revised Criminal Procedure Act took effect, allowing disputes to continue to be resolved through agreements between victims and suspects.

According to data from the Public Prosecution Office obtained by The Asia Business Daily on November 13, there were 3,913 nationwide referrals for criminal mediation in October 2026, up 4.8% from 3,732 in October 2025. The figure was also 3.2% higher than the 3,790 referrals in September, just before the revised Criminal Procedure Act took effect. The number of successful mediations was 2,393, down 11.5% from 2,703 in the same month a year earlier. However, the decrease from September was 8.2%, similar to the 8.8% decline over the same period last year.

Main entrance of the Public Prosecution Office in Seocho-gu, Seoul. Photo by Kang Jinhyung

Under the criminal mediation system, prosecutors refer cases to a criminal mediation committee, where civilian mediators help victims and suspects reach agreements. The system helps victims recover from harm while enabling parties to resolve disputes amicably through criminal proceedings. Legal circles had previously raised concerns that the revised Criminal Procedure Act could weaken criminal mediation, as prosecutors would no longer be able to investigate cases directly. Under a system in which prosecutors take over cases after police investigations are complete, they may have limited ability to assess the parties' specific circumstances and the prospects for recovery before referring cases to mediation.

The Public Prosecution Office says criminal mediation has continued without significant disruption since the revised Criminal Procedure Act took effect. "Since the Public Prosecution Office was launched on October 2, there have been no changes to mediation procedures, staffing, or case assignment," an official said. "No unusual operational issues have been reported." Current guidelines stipulate that prosecutors must refer a case to mediation within two months of being assigned it. They may also refer a case within one month of meeting with the parties if, after interviewing them at least once, they determine that mediation is necessary to help restore the victim's losses.

This content was produced with the assistance of AI translation services.