Can I See the Evidence Against Me in Korea?

Short answer. Yes, after charges are brought. Article 266-3 of the Criminal Procedure Act lets a defendant or their counsel apply to the prosecutor to inspect and copy, or receive written copies of, the list of documents and articles held in the prosecuted case, together with material that can affect the finding of guilt or the sentence. One limit is worth knowing up front: where the defendant has counsel, the defendant may apply to inspect only, and it is counsel who can also copy.

What Korean law says

Article 266-3(1): the defendant or defence counsel may apply to the prosecutor for inspection and copying, or for delivery of written copies, of the list of documents or articles relating to the prosecuted case and of the following material capable of affecting the finding of the alleged facts or the sentence. The proviso: where the defendant has counsel, the defendant may apply for inspection only.

The listed categories are: documents and articles the prosecutor will offer in evidence; written statements recording the name of a person the prosecutor will call as a witness and that person’s relationship to the case, or documents recording statements that person made before the trial date; material relating to the probative value of those documents; and material relating to the legal and factual assertions made by the defendant or counsel.

Criminal Procedure Act, Article 266-3. Act No. 21241, in force from 1 July 2026. Verified against the current consolidated text; this Article carries no pending tranche.

What usually happens in practice

The category people underuse is the first one: the list. Asking for the list of documents and articles held is different from asking for the documents, and it tells you what exists. Material you do not know about is material you cannot ask for.

The fourth category is the one that rewards preparation. It covers material relating to the legal and factual assertions the defence has made — which means the assertions have to be made before that material can be requested. A defence that keeps its position vague limits what it can ask to see.

This is a post-charge mechanism. During the investigation the position is different, which is another reason the charging decision is the hinge in a Korean case rather than the trial.

What you should do next

Ask for the list first. It shows what exists before you decide what to request.
Set out your factual and legal position early. The fourth category depends on it.
If you have counsel, route copying requests through them. The proviso limits you to inspection.
Read the statements of anyone the prosecutor will call. They are expressly within scope.

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