Police as Gatekeepers: Pretrial Release Decision-Making in South Korea

Abstract

Extensive research has examined factors influencing pretrial release decisions, particularly in Western judicial contexts. However, it remains unclear whether these findings apply to different criminal justice settings, particularly in South Korea, where police officers, not judges, determine suspect release. Using data from 1433 money mule arrests in Seoul (2018–2021), this study analyzes suspect- and police station-level determinants of release decisions. Results indicate that legal factors (criminal record, financial damage) and extralegal factors (gender, nationality) significantly influence release. Female and Korean suspects were more likely to be released, while those with prior records or greater financial damage were less likely to be released. Police station size and caseload showed no significant effects. Despite South Korea’s centralized police structure, substantial variation in release decisions across stations suggests that informal discretion plays a critical role. These findings underscore the need for standardized frameworks to promote consistency and reduce demographic disparities in pretrial release.