Do I have to attend my own trial in Korea?

What Korean law says

Article 276: where the defendant does not appear on the trial date, the session may not be opened unless there is a special provision. Where the defendant is a corporation, an agent may attend.

Article 277: attendance is not required in the following cases, and the defendant may have an agent attend. First, cases punishable by a fine of up to five million won or a minor fine. Second, cases where it is clear that the prosecution will be dismissed or the case acquitted on procedural grounds. Third, cases punishable by up to three years’ imprisonment or imprisonment without labour, or a fine exceeding five million won, or detention, where the defendant has applied for permission not to attend and the court has granted it on the basis that non-attendance will not prejudice the protection of the defendant’s rights — although attendance is still required on a date where the procedure under Article 284 is conducted or judgment is pronounced. Fourth, cases where only the defendant has applied for a formal trial under Article 453(1) and judgment is being pronounced.

Criminal Procedure Act, Articles 276 and 277. 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

For a foreign national the third category is the useful one, because it is the route for someone who has left Korea or cannot travel for every hearing. It is a permission that has to be applied for and granted, not an assumption, and it does not cover the hearing at which judgment is pronounced.

The general rule in Article 276 also cuts the other way and is worth understanding as protection: the court cannot simply proceed in your absence. A case that seems to be moving without you is something to ask about rather than accept.

Where a summary order has been made and you applied for a formal trial, the fourth category means you are not required to attend for the pronouncement of judgment itself.

What you should do next

• Attend unless the court has granted permission not to. Assumption is not enough.
• If you must be abroad, apply for permission under Article 277(3) rather than simply not appearing.
• Diarise the judgment date. Permission does not cover it.
• Keep your registered address current so hearing notices reach you.

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