Hello, I am Heejun Lee, an attorney at Yeoam Law Firm in Seoul.
Foreign clients living in Korea often ask me: “The police station contacted me. Do I have to go?” The scenario below is a fictional composite of several consultations.
“I had an argument with a colleague, and a few days later I received a text message from the police asking me to come in for questioning next week. My Korean is only conversational. Can I go alone? Should I sign whatever they give me? Could this affect my visa?”
Being a foreign national does not reduce your rights in Korean criminal proceedings. In fact, there are additional safeguards such as interpretation, consular notification and the presence of a trusted person. The catch is that many of these rights work best when you ask for them yourself. Here is what to know before you walk into the interview.
1. You received a summons: the date can be adjusted
The police may ask a suspect to appear for questioning when necessary for an investigation (Article 200 of the Criminal Procedure Act). However, Article 19 of the Regulation on Mutual Cooperation between Prosecutors and Judicial Police Officers and General Investigative Rules (the “Investigation Rules”) requires the date and place to be arranged with the suspect, and with the lawyer if there is one. The police must leave enough time so as not to disrupt your work, and must generally reschedule if you ask for a postponement.
So if you get a text or a call, do not rush in. First confirm the investigator’s name and unit, the case number and, importantly, whether you are being questioned as a suspect or as a witness. As a rule, a summons should state the gist of the alleged facts, so asking what the case is about is your right. You may also refuse a request to “come along to the station” voluntarily, and the police must tell you that you can refuse (Article 20 of the Investigation Rules).
2. An interpreter is a right, not a favour
Article 91(1) of the Police Investigation Rules provides that when questioning a foreign national, the police must provide interpretation in a language that person understands. Even if you speak everyday Korean, legal terms such as “intent”, “conspiracy” or “obtaining by deception” are hard to follow precisely. Tell the investigator in advance which language you need when the appointment is set.
In practice, the record notes that an interpreter was used and the interpreter signs it. If you feel the interpreter is not conveying what you say correctly, object on the spot and ask for that objection to be recorded. In addition, Article 244-5 of the Criminal Procedure Act allows a trusted person to sit with you where this is needed for psychological stability and smooth communication in light of age, gender, nationality or similar circumstances. As a foreigner, you can rely on this provision to request that a family member or friend be present.
3. The right to remain silent and to have a lawyer present
Before questioning, the police must tell you that (1) you may remain silent, (2) staying silent will not be held against you, (3) anything you say may be used as evidence of guilt, and (4) you may have the assistance of a lawyer (Article 244-3 of the Criminal Procedure Act). You are not obliged to answer every question, and you may decline to answer only some of them.
If your lawyer requests it, the police must allow the lawyer to attend the questioning unless there is a justified reason not to (Article 243-2). The lawyer can sit next to you, take notes, object to improper questioning methods and state an opinion afterwards. However, there is generally no court-appointed lawyer at the police stage. Only if an arrest warrant is sought and you attend the warrant hearing without counsel will the court appoint one (Article 201-2(8)). Because language and system differences make it easy for statements to be recorded differently from what you meant, it is safer to attend with a lawyer from the first interview if the matter is not trivial.
4. If you are arrested or detained: ask for consular notification
Under Article 36 of the Vienna Convention on Consular Relations, when a foreign national is arrested or detained, the police must inform them that they may communicate with consular officers of their country and request that the consulate be notified. Article 91 of the Police Investigation Rules says the same and requires the police to notify the consulate without delay upon request.
Some countries have bilateral consular agreements with Korea. For example, under the Korea–China Consular Agreement, the consulate must be notified when a Chinese national is arrested or detained, even without a request. A consulate will not act as your lawyer, but it can provide a list of local lawyers, contact your family and check on your treatment in custody.
5. Before you sign the interrogation record
After questioning, the police must let you read the interrogation record or read it to you, and if you ask for additions, deletions or changes, your statement must be entered in the record (Article 244 of the Criminal Procedure Act). The record is written in Korean, so go through it sentence by sentence with the interpreter. If something differs from what you said, ask for a correction. If the correction is refused, you can have your objection noted or decline to sign.
There are also time limits. The Investigation Rules generally restrict late-night questioning between 9 p.m. and 6 a.m. (Article 21), and total time including waiting and breaks should not exceed 12 hours, with actual questioning not exceeding 8 hours (Article 22). If you are too tired to think clearly, ask for a break.
6. Departure suspension and the impact on your visa
A foreign national may be subject to a departure suspension if leaving Korea is considered inappropriate for a criminal investigation (Article 29 of the Immigration Act). For investigation purposes this is generally up to one month, and up to three months where, for example, the person has fled and the investigation is hampered (Article 36 of the Enforcement Decree). You can file an objection with the Minister of Justice within 10 days of receiving or learning of the notice (Article 29(2) and Article 4-5 of the Act). If you have already booked a flight home, raise it with the investigator when the interview date is arranged.
The immigration side matters just as much. Under Article 84 of the Immigration Act, public officials who discover a foreign national violating the law in the course of their duties must notify the immigration office, and a foreign national released after a sentence of imprisonment without labour or heavier becomes subject to deportation (Article 46(1)13). Even a fine or a suspended indictment can count against you later in visa extensions, changes of status, and permanent residence or naturalisation reviews. That is why, in cases involving foreigners, the criminal outcome and the immigration consequences should be planned together.
7. Checklist before the interview
- Confirm the investigator’s name and contact details, the case number, and whether you are a suspect or a witness
- Ask for a new date if the timing is too tight, and mention any planned trips abroad
- Tell the police in advance which language you need, and request a trusted person if helpful
- Bring your passport and alien registration card, and organise relevant messages, contracts and photos
- If the matter is not trivial, appoint a lawyer and attend together
- Check the record sentence by sentence through the interpreter and ask for corrections
- If arrested, request consular notification and keep your family’s contact details at hand
Frequently asked questions
Q. I speak some Korean. Can I still ask for an interpreter?
Yes. The Police Investigation Rules require the police to provide interpretation in a language the foreign national understands. Even if you can handle everyday conversation, legal terms and the wording of the interrogation record are another matter, so it is safer to request an interpreter from the start.
Q. Will the police automatically contact my embassy or consulate?
If you are arrested or detained, the police must tell you that you can ask them to notify your consulate, and they must notify it without delay if you ask. For voluntary questioning without arrest there is no automatic notification, so contact your consulate yourself if you need help. Chinese nationals are notified even without a request under the Korea–China Consular Agreement.
Q. Can I get a court-appointed lawyer for the police interview?
Generally no. Korea has no public defender system for ordinary police questioning. If prosecutors seek an arrest warrant and you attend a warrant hearing without a lawyer, the court appoints one for you.
Q. Can I be stopped from leaving Korea during the investigation?
Yes. A foreign national can be subject to a departure suspension if leaving is considered inappropriate for a criminal investigation, generally for up to one month. You can file an objection with the Minister of Justice within 10 days of receiving or learning of the notice.
Q. Can a fine affect my visa?
Deportation is mainly linked to sentences of imprisonment, but fines and even suspended indictments can count against you in visa extensions, changes of status, permanent residence and naturalisation reviews. It is worth assessing the immigration impact before the case is decided.
Final thoughts
In Korean criminal proceedings, the record made at the first police interview often follows the case all the way to the prosecutors and the court. Foreigners are especially exposed to an unfavourable record at this stage because of the language barrier. Interpretation, the right to silence, the presence of a lawyer and consular notification all exist to reduce that risk, so request them and prepare in advance.
If you have received a police summons, or a family member or friend has been arrested, please gather the message or summons you received, your visa details and a summary of what happened, and contact me via the KakaoTalk open chat below or by phone (+82-10-4692-6821). Consultations are available in English, German, French and Korean. You can also use the contact form or see my legal services for foreigners in Seoul.
More videos on Korean legal cases are on my YouTube channel (in Korean).
Related reading
Attorney responsible for this advertisement: Heejun Lee, Partner, Yeoam Law Firm · Tel. +82-10-4692-6821
This post is general legal information. The outcome in any specific case depends on the facts, including your visa status, nationality and the details of the case. The scenario above is a fictional composite of several consultations.
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