Short answer. A summons to attend as a suspect is a request, not an order. Article 200 of the Criminal Procedure Act lets investigators ask a suspect to attend and give a statement; it contains no power to compel attendance. But ignoring it has consequences. Article 200-2(1) allows an arrest warrant to be sought where a suspect fails to respond to a summons without justifiable reason, or is likely to fail to respond. So the realistic choice is not whether to engage, but when and how.
What Korean law says
Article 200 provides that where it is necessary for an investigation, investigators may request the attendance of a suspect and hear a statement. That is the whole of the provision. It creates no duty enforceable by force, which is why attendance at this stage is described as voluntary investigation.
Article 200-2(1) is where the pressure comes from. Where there is substantial reason to suspect that a person has committed an offence, and that person has failed to comply with a request to attend under Article 200 without justifiable reason or is likely to fail to comply, a warrant for arrest may be obtained: a prosecutor applies to a district court judge directly, and a judicial police officer applies through a prosecutor.
Criminal Procedure Act, Articles 200 and 200-2(1). Act No. 21241, in force from 1 July 2026. A further amendment to Article 200 takes effect on 2 October 2026 and changes which investigating authority is named; it does not change the voluntary character of the request.
What usually happens in practice
Most summonses are a phone call before they are a document, and the date is usually negotiable. Asking to move the date because you need to instruct a lawyer, or because you need an interpreter, is a normal request and is not treated as evasion. Refusing to engage at all is different, and it is the pattern Article 200-2(1) is written for.
The more useful question is what the interview is for. You are entitled to ask what offence is being investigated and in what capacity you are being asked to attend. That answer changes how you should prepare, and it is available before you walk in.
What you should do next
- Do not ignore it. Respond, even if what you say is that you need a new date.
- Ask what the suspected offence is and whether you are being treated as a suspect or a witness.
- Ask for an interpreter in advance if Korean is not your first language.
- Get advice before the first interview rather than after it. The first statement is the one that shapes the file.
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Written and reviewed by Soobin You, Attorney at YUSU Lawfirm. Former prosecutor. Last legal review: 12 September 2026.