Who Is Notified When I Am Detained in Korea?

Short answer. Someone must be told, in writing, without delay. Under Article 87 of the Criminal Procedure Act, when a defendant is detained the notification goes to defence counsel if there is counsel, and if there is not, to a person the defendant nominates from the group in Article 30(2): a statutory agent, spouse, lineal relative or sibling. The notice must state the case name, the time and place of detention, the gist of the alleged facts, the reason for detention, and that counsel may be appointed.

What Korean law says

Article 87(1): where a defendant has been detained, notice must be given — to defence counsel where there is counsel, and where there is none, to a person designated by the defendant from among those listed in Article 30(2) — of the name of the case, the date, time and place of the detention, the gist of the alleged criminal facts, the reason for the detention, and the fact that counsel may be appointed.

Article 87(2): that notice must be given without delay and in writing.

Article 30(2): the statutory agent, spouse, lineal relative and sibling of a defendant or suspect may appoint counsel independently.

Criminal Procedure Act, Articles 30 and 87. Act No. 21241, in force from 1 July 2026. Verified against the current consolidated text; these Articles carry no pending tranche.

What usually happens in practice

The list in Article 30(2) is a problem for many foreign nationals, because it is built around family who may all be abroad. Nominating someone is still worth doing — a notice sent overseas is slow but it is a record, and a spouse or sibling who receives it can appoint counsel independently under Article 30(2), without needing your signature.

Notice in writing also matters for a practical reason. It states the gist of the alleged facts and the reason for detention, which is often the first clear statement anyone gets of what the case is actually about.

This notification is separate from consular notification, which is triggered by your own request under the Vienna Convention. Neither one does the other’s job, so ask for both.

What you should do next

Nominate someone, even if they are abroad. The notice is a written record of the allegation.
Tell that person they can appoint a lawyer independently under Article 30(2).
Ask separately for your consulate to be notified. It is a different mechanism.
Keep the written notice. It states the reason for detention, which the defence works from.

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