What Happens at a Detention Warrant Hearing in Korea?

Short answer. A judge questions you in person before deciding whether you are detained. Under Article 201-2 of the Criminal Procedure Act, where a detention warrant is sought for someone who has already been arrested, the judge must question the suspect without delay, and as a rule by the day after the warrant was applied for. Where the suspect has not been arrested, the judge issues a warrant to bring the person in and questions them after they arrive. The judge, the prosecutor, the suspect and defence counsel are all notified of the time and place.

What Korean law says

Article 201-2(1): where a detention warrant is sought against a suspect who has been arrested under Article 200-2, Article 200-3 or Article 212, the judge must question the suspect without delay, and absent special circumstances must do so by the day following the day the warrant was applied for.

Article 201-2(2): for any other suspect, the judge who receives the application issues a warrant for the suspect to be brought in where there is reason to suspect the offence, and questions the suspect after that. This does not apply where questioning is impossible because the suspect has absconded.

Paragraph 3 requires the judge to notify the prosecutor, the suspect and defence counsel of the date and place of the questioning, immediately in the first case and immediately after the suspect is brought in in the second.

Criminal Procedure Act, Article 201-2(1) to (3). Act No. 21241, in force from 1 July 2026. A further tranche takes effect 2 October 2026.

What usually happens in practice

The hearing is short and it is not a trial. The judge is deciding whether there is reason to suspect the offence and whether detention is necessary, which in practice turns on flight risk and the risk of evidence being destroyed. For a foreign national the flight risk argument is the one that does the damage, and it is answered with concrete things: a lease, an employer, a family in Korea, a passport that can be deposited.

Because the timetable is measured in hours, preparation has to happen alongside the arrest rather than after it. Material that arrives the day after the decision is too late.

What you should do next

Instruct a lawyer immediately. The window is roughly one day, not one week.
Gather proof of ties to Korea now: residence, employment, family, study.
Be ready to address flight risk directly rather than only arguing the merits.
Tell your family or embassy where you are being held.

Tell us about your case

Send the facts and the stage your case is at. A Korean attorney reviews it and replies. No need to call first.

Start a case inquiry

Written and reviewed by Soobin You, Attorney at YUSU Lawfirm. Former prosecutor. Last legal review: 12 September 2026.