Short answer. Yes. Article 221(1) of the Criminal Procedure Act lets investigators request the attendance of a person who is not a suspect and hear their statement, and to record it on video with that person’s consent. This is the reference-person or witness interview. It is voluntary, and the warnings that must be given to a suspect under Article 244-3 are not triggered by it. The practical risk is that the capacity can change during the interview.
What Korean law says
Article 221(1): where it is necessary for an investigation, a prosecutor or judicial police officer may request the attendance of a person other than the suspect and hear that person’s statement. In that case the statement may be video-recorded with that person’s consent.
Paragraph 2 allows investigators to commission expert opinion, interpretation or translation where the investigation requires it. Paragraph 3 applies the protective provisions on the examination of witnesses where investigators are questioning a victim of crime.
Criminal Procedure Act, Article 221. Act No. 21241, in force from 1 July 2026.
What usually happens in practice
People are invited as reference persons far more often than they expect: as the other party to a transaction, as a colleague, as a witness to an incident, as the person whose account will decide whether someone else is charged. Attending is usually the right thing to do.
The thing worth watching is the boundary. If the questions turn from what you saw to what you did, the interview has moved, and the protections attaching to a suspect interview are the ones that should then apply. It is entirely proper to say that you would like to know in what capacity you are being questioned, and to ask to pause if the answer has changed.
Video recording under this provision requires your consent. Consent is a decision, not a formality, and you can ask why it is being sought.
What you should do next
- Ask before you attend whether you are being treated as a witness or a suspect.
- If the questions move to your own conduct, say so and ask to stop and take advice.
- Ask for an interpreter if you need one. The right does not depend on your being a suspect.
- Read the record before signing, exactly as a suspect would.
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Written and reviewed by Soobin You, Attorney at YUSU Lawfirm. Former prosecutor. Last legal review: 12 September 2026.