The Basic Framework
Police conduct the initial investigation. When they find reasonable grounds to suspect an offence, they generally transfer the case to the prosecution; otherwise, a non-referral decision may be made under the statutory procedure. Being contacted does not by itself establish that you are a suspect—you may instead be a witness, complainant, or victim—so first confirm your procedural status.
Requests to Appear and Compulsory Measures
- Request to appear (출석요구): An investigative request to attend is not itself an arrest warrant. Ask why you are being contacted, in what capacity, and whether any compulsory process has been issued before deciding how to respond.
- Arrest warrant (체포영장): A court may issue one when there is probable cause and the statutory attendance-related requirements are met, such as failure to appear without a justifiable reason or a risk of non-appearance. Missing one request does not automatically create a warrant.
- Arrest without a warrant: Korean law separately permits emergency arrest for qualifying serious offences under urgent statutory conditions and arrest of a person caught in the act.
- Detention (구속): Detention is distinct from arrest and ordinarily requires a separate judicial warrant. After an arrest, the authority must seek a detention warrant within the statutory period or release the person.
If You Are Questioned as a Suspect
- You must be informed of the right to remain silent and may refuse to answer all or individual questions.
- You may receive legal assistance and request counsel's participation in questioning, subject to the statutory procedure.
- If you cannot communicate adequately in Korean, request an interpreter before substantive questioning.
- The right to review and correct your written statement before signing.
- Participation by a trusted person may be requested where the statutory conditions—such as serious difficulty with communication or marked anxiety—are met. It is not automatic in every interview.
The rights of a witness, complainant, or victim are not identical to those of a suspect. Confirm your status whenever it is unclear.
Important: Signing a written statement (진술서 or 피의자신문조서) in Korean without fully understanding its contents can create serious evidentiary problems. Do not sign until you have had the opportunity to review it carefully — with an interpreter or attorney if needed.
Practical Steps
- Before attending a police interview, confirm why you are being contacted and in what capacity (suspect, witness, or complainant).
- If you are unsure, consult an attorney before responding to a request to appear.
- Keep records of all official communications, including the date, name of the officer, and what was communicated.
- If you are arrested, state clearly that you want legal assistance, ask to contact counsel, and request counsel's participation before substantive questioning.
How an Attorney Can Help
An attorney can clarify your procedural status, participate in interviews where the applicable rules permit, review written statements before signing, and advise on whether cooperation, silence, or a specific response is most appropriate given the circumstances. Advice obtained before questioning can help clarify your procedural status, available rights, and response options.
Related Guides
See also:
Official sources
This guide references the following official sources. The applicable rights depend on whether you are a suspect, witness, complainant, or victim and on whether any compulsory process has been issued.