Does the Statute of Limitations Suspend Even for Illegal or Invalid Prosecution?

Published 27 Mar.2025 07:03(KST)

Jeong Junho Case Dismissed, Then Refiled:
Controversy Over Statute of Limitations Suspension

A case occurred in which a prosecutor who initiated an investigation filed a public accusation without following the revised Prosecutors' Office Act, and the court dismissed the accusation. The prosecution refiled the case, sparking controversy over whether the statute of limitations had expired or been suspended.

The Criminal Division 12 of the Gwangju District Court (Presiding Judge Park Jae-sung) ruled on February 14 to dismiss the public accusation in the case against Jeong Jun-ho, a member of the Democratic Party of Korea, who was charged with violating the Public Official Election Act (2024GoHap368). The court judged that the accusation was illegal under Article 4, Paragraph 2 of the Prosecutors' Office Act, which states that "a prosecutor cannot file a public accusation for a crime they initiated an investigation into." After the dismissal ruling, the Gwangju District Prosecutors' Office did not appeal and refiled the case on March 7.

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Jeong’s side immediately protested, raising the issue that "the statute of limitations has expired." According to Article 268, Paragraph 1 of the Public Official Election Act, the statute of limitations for violations of this act is completed six months after the election day. The 22nd National Assembly election was held on April 10, 2024. Applying this provision, the statute of limitations for Jeong’s case was completed on October 10 of the same year, so the prosecution’s refiling on March 7, 2025, is considered an illegal accusation. Jeong stated, "As the court pointed out, the filing of the accusation itself is legally invalid, so how can the statute of limitations be suspended?"

On the other hand, the prosecution argues that the statute of limitations was suspended from the time of the initial accusation, so the same case can be refiled. A Gwangju District Prosecutors' Office official said, "We respect the court’s ruling and decided to promptly refile the case following due process to swiftly handle election cases and prevent gaps in punishment," adding, "According to Article 253 of the Criminal Procedure Act, the statute of limitations is suspended upon filing a public accusation, so the Public Official Election Act also suspends the statute of limitations from the time of accusation, making the refiling lawful."

The prosecution’s argument is based on Article 253, Paragraph 1 of the Criminal Procedure Act. This provision states that "the statute of limitations is suspended upon filing a public accusation and resumes from the time a dismissal or jurisdictional error ruling is finalized." Legal circles are divided over the interpretation of Article 253, Paragraph 1 of the Criminal Procedure Act.