Korean Criminal Procedure Answers

If police or prosecutors have contacted you in Korea, the questions that decide the outcome are procedural: what you must attend, what you may decline, what can be taken from you, who decides whether you are detained, and when material has to be put in. These answers set out what each provision of the Criminal Procedure Act actually requires.

Every answer states the current version of the Act it relies on and the date it was last checked, so you can see what it is based on.

Answers in this section

• Can Korean police take my phone?
  Not simply because they want to look at it.
• Do I have to attend a police summons in Korea?
  A summons to attend as a suspect is a request, not an order.
• Can I refuse to answer police questions in Korea?
  Yes. Before questioning a suspect, investigators must tell you four things under Article 244-3 of the Criminal Procedure Act: that
• Do I get an interpreter at a Korean police interview?
  Yes, and it is not discretionary.
• What happens at a detention warrant hearing in Korea?
  A judge questions you in person before deciding whether you are detained.
• What happens after Korean police send my case to the prosecutor?
  It depends which of two routes the police took.
• What is a suspended indictment in Korea?
  It is a decision by the prosecutor not to bring charges even though the evidence would support them.
• What is a summary order fine in Korea and can I contest it?
  A summary order is a penalty imposed on paper without a trial.
• Do Korean police need a warrant to arrest me?
  Usually yes, but there are two established exceptions.
• Can I get my seized phone back in Korea?
  Yes, and there is a defined route for asking.
• Do I have to sign the Korean police interview record?
  Signing is the last step, not a formality, and before it happens you have a right to check the record.
• Can I be questioned in Korea without being a suspect?
  Yes. Article 221(1) of the Criminal Procedure Act lets investigators request the attendance of a person who is not a suspect and h
• Can Korean police search my home?
  Not on their own say-so.
• What does a suspended sentence mean in Korea?
  A suspended sentence is a real conviction with a real sentence, where execution of that sentence is put on hold for a set period.
• Can Korea prosecute me for something that happened abroad?
  Sometimes, and it depends on who you are and who was affected.
• Can my embassy help if I am arrested in Korea?
  Yes, and the right is treaty-based rather than a favour.
• What is a statement of no desire for punishment in Korea?
  It is a document in which the victim says they do not want the accused punished, and what it achieves depends entirely on the offence.
• Can I get a free court-appointed lawyer in Korea?
  Yes, in two different ways.
• Can I get bail in Korea?
  Yes, and the default is stronger than most people expect.
• Can I challenge my detention in Korea?
  Yes. Article 214-2 of the Criminal Procedure Act gives a suspect who has been arrested or detained, and a wide group around them,
• Can I meet my lawyer in private while detained in Korea?
  Yes. Article 34 of the Criminal Procedure Act gives defence counsel, and a person who intends to become counsel, the right to meet
• Who is notified when I am detained in Korea?
  Someone must be told, in writing, without delay.
• Can I see the evidence against me in Korea?
  Yes, after charges are brought.
• Do I have to attend my own trial in Korea?
  As a rule, yes.

Related

Police interviews in Korea: what to expect
Arrested in Korea: the first 48 hours
Police investigation support
Criminal defence lawyer in Korea
All Korean law answers

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