Questioned by the Korean Police? What Foreigners Should Know Before Walking In

A phone call or text message from a Korean police station is one of the most stressful things a foreigner can receive in Korea. A police summons for a foreigner in Korea usually arrives with little explanation — a case number, a date, and a request to appear. Before you walk in, there are a few things you should know, because what happens in that first interview often shapes the entire case.

I am Jaewon Lee, an attorney in Seoul.

A significant part of my practice is representing foreign clients in Korean criminal investigations, and this guide covers the questions my clients ask most often.

What does a police summons in Korea actually mean?

A summons (chulseok yogu) is a request to appear for questioning. It does not mean you have been charged, and it does not necessarily mean you are the suspect. Korean police question people in two capacities: as a witness or reference person (chamgoin), or as a suspect (piuija). The difference matters enormously, so the first thing to do — ideally before the interview — is to confirm which one you are, what the case is about, and which law you are alleged to have violated. You or your attorney can ask the officer in charge; you are entitled to know why you are being called in.

One more practical point: the date on the summons is generally not set in stone. If you need time to arrange an interpreter or counsel, you can contact the investigator and politely reschedule. Appearing prepared a week later is almost always better than appearing unprepared tomorrow.

What are your rights during a Korean police investigation?

Three rights matter most in the interview room.

First, the right to remain silent. Under Article 12 of the Korean Constitution and Article 244-3 of the Criminal Procedure Act, the police must inform a suspect, before questioning begins, that they may refuse to answer any question and that refusal cannot be used against them. This notification is not a formality — if it is omitted, the statement itself can lose its value as evidence.

Second, the right to have an attorney present. Article 243-2 of the Criminal Procedure Act allows your lawyer to sit in on the interview. In my experience, this changes the tone of the questioning more than any other single factor. For foreign clients especially, having someone in the room who understands both the legal and the language dimension is not a luxury.

Third, language rights. If you are not fluent in Korean, ask for an interpreter — and use one even if your everyday Korean is decent. Legal and investigative Korean is effectively a different language, and misunderstood nuances end up in the written record. Foreign nationals may also ask that their consulate be notified of their detention, a right rooted in the Vienna Convention on Consular Relations, to which Korea is a party.

Should you sign the written statement?

At the end of the interview, the investigator will print a written record (josa) of your questioning and ask you to review and sign it. Under Article 244 of the Criminal Procedure Act, you are entitled to read the record — or have it read to you — and to request corrections before signing. Your signature means you confirm every line of that document, and in a Korean criminal case, the written record often carries more weight than your memory of what you actually said.

So take your time. Have the interpreter read it back to you in full. If a sentence does not match what you meant, ask for it to be corrected on the spot — you have the right to request additions and deletions. Never sign a statement you could not fully read or fully understand. This is the single most common and most damaging mistake I see foreign clients make when they attend a police interview alone.

How can a police case affect your visa?

For foreigners, the criminal case is only half the story. After the case closes — even with a relatively light outcome such as a fine — the immigration authorities may separately review how it affects your stay under the Immigration Act. Depending on the result, this can influence a visa extension, a change of status, or in serious cases your ability to remain in Korea. I have written about this in more detail in my guide on DUI cases, and the same logic applies to most criminal matters: how the case is closed matters as much as whether it is closed.

This is why the first interview deserves preparation. The way facts are recorded on day one follows the case into the prosecutor's office, and later into any immigration review.

A short checklist before you walk in

Confirm your status (witness or suspect) and the alleged offense. Arrange an interpreter, and consider having an attorney present rather than merely consulting one afterward. Bring your ID and any documents that support your side of the story, organized and copied. Answer what you know truthfully, say so when you do not remember, and do not guess. Read the written statement line by line before signing, and request corrections without hesitation.

A police summons is unsettling in any country, and more so in a foreign language and a foreign legal system. But it is a stage of the process where preparation genuinely changes outcomes. If you or someone in your family has received a summons in Korea, consider speaking with an attorney before the interview, not after it.

저는 오늘 한국에서 경찰 출석요구를 받은 외국인이 조사 전에 알아 두어야 할 사항을 정리해 드렸습니다.
출석요구를 받으신 분은 조사 전에 수사기관에 자신의 신분(참고인·피의자)과 혐의 내용을 확인하실 수 있습니다.
피조사자는 조사 과정에서 헌법과 형사소송법에 따라 진술거부권과 변호인 참여, 통역의 조력을 보장받습니다.
조사를 마친 분은 서명 전에 피의자신문조서 전체를 열람하고 내용의 정정을 요구하실 수 있습니다.
외국인은 사건 종결 이후에도 출입국 당국으로부터 체류자격 심사를 받을 수 있으므로, 초기 대응 단계부터 전문가와 상의하시기를 권해 드립니다.

If you are facing a police investigation in Korea, you can reach my office through lawyerseoul.com.

Jaewon Lee, Attorney at Law (Joye Law)

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