Offence unpunishable over objection

An offence unpunishable over objection (반의사불론죄/反意思不論罪, 반의사불벌죄/反意思不罰罪) is the crime which shall not prosecuted over an express objection of the victim. Article 312 (2) of the Criminal Act.

The offence unpunishable over objection may be prosecuted without the complaint of the victim. But the prosecution is no longer possible over explicit objection of such victim. It is different from the offence subject to complaint (친고죄/親告罪) in that the latter complaint enables the prosecution, while the former objection disables the prosecution.

Key words
complaint, offence subject to complaint, offence unpunishable over objection, dismissing public prosecution

Procedure and Effect
Prosecution is possible regardless of the intention of the victim. But where the victim expresses his intention not to prosecute a case which cannot be prosecuted against the explicit objection of the victim, or where the said intention is withdrawn, public prosecution shall be dismissed by judgment. Article 327 (Judgment Dismissing Public Prosecution, 공소기각/公訴棄却) of the Criminal Procedure Act.

In this case, a complaint may be withdrawn before the pronouncement of judgment in the first instance. Once the victim, who has withdrawnthe complaint, shall not filoe a complaint again. Article 232(3) of the Criminal Procedure Act.

Applicable Crimes
The Criminal Act provides for the offences unpunishable over the explicit objection of the victim as follows:
 * Violence or intimidation against the sovereign (원수/元首) of a foreign country. Article 107;
 * Violence or intimidation against the envoy (사절/使節) of a foreign country. Article 108;
 * Damage, removal or staining of a foreign national flag or emblem of a foreign country for the purpose of insulting. Article 109.


 * Mere violence against other person, or a lineal ascendant of the offender or of his spouse. Article 206 (3)
 * Bodily injury upon other person through negligence. Article 266 (2)
 * Mere intimidation against other person, or intimidation of a lineal ascendant of the offender or of his spouse. Article 283 (3).
 * Defamation and defamation by means of publication. Article 312 (2).