the case of a disposition to or not to institute a prosecution (excluding a decision of stay of indictment
or of stay of indictment due to absent witness);
(b) With respect to a case a judicial police officer transfers to a prosecutor pursuant to subparagraph 1
of Article 245-5 of the Criminal Procedure Act, where the officer is notified by the prosecutor of a
disposition to or not to institute a public prosecution (excluding a decision of stay of indictment or of
stay of indictment due to absent witness);
2. Where a decision of stay of indictment or of stay of indictment due to absent witness or a decision to
suspend investigation is made: Within 30 days after one year from the date such decision (in the case of
crimes falling under any subparagraph of Article 6 (8), three years) is made: Provided, That the notice
shall be sent within 30 days after one year (in the case of crimes falling under any subparagraph of
Article 6 (8), three years) from the date of receipt of such notification:
(a) With respect to a case where an Investigation Office prosecutor sends related documents and
evidentiary materials to a prosecutor of the Seoul District Prosecutors' Office pursuant to Article 26
(1) of the Ac on the Establishment and Operation of the Corruption Investigation Office for HighRanking Officials, where the Investigation Office prosecutor is notified by the prosecutor in charge of
the case of a decision of stay of indictment or of stay of indictment due to absent witness;
(b) With respect to a case a judicial police officer transfers to a prosecutor pursuant to subparagraph 1
of Article 245-5 of the Criminal Procedure Act, where the officer is notified by the prosecutor of a
decision of stay of indictment or of stay of indictment due to absent witness;
3. Where the investigation is still ongoing: Within 30 days after one year (in the case of crimes falling
under any subparagraph of Article 6 (8), three years) from receipt of the communication confirmation
data.
(2) Notwithstanding paragraph (1) 2 or 3, in any of the following cases, the notice under the same
paragraph may be deferred until such cause is resolved: <Newly inserted on Dec. 31, 2019>
1. Where national security, and public safety and order are likely to be endangered;
2. Where the lives or physical safety of the victims or other related parties in the case are likely to be
jeopardized;
3. Where the implementation of a fair judicial process is likely to be hindered by the destruction of
evidence, escape, threatening of witnesses, etc.;
4. Where the name or privacy of the criminal suspect, victim, or other related parties in the case are
likely to be infringed upon.
(3) Any prosecutor or judicial police officer who intends to defer notice pursuant to paragraph (2) shall
attach the materials establishing a prima facie case, and obtain the approval of the head of the competent
District Prosecutor’s Office in advance: Provided, That where an Investigation Office's prosecutor intends
to suspend the notice under paragraph (2), he or she shall, in advance, obtain the approval of the Director
General of the Corruption Investigation Office for High-ranking Officials, with the materials establishing
a prima facie case attached. <Newly Inserted on Dec. 31, 2019; Jan. 5, 2021>