Complainant interviews: victims need to prepare too

People questioned as suspects get nervous and prepare, but complainants usually don't. Since they are the ones who were harmed, they assume they only need to say what happened. Yet quite a few people come out of a complainant interview saying they couldn't say things the way they meant to. The tension of the interview room affects complainants just as much.

What you are asked in a complainant interview

The investigator goes back over the complaint point by point. They check dates and amounts and who said what, and if the accused has already been questioned, they may tell you the other side's rebuttal and ask what you think. If you give numbers that differ from your complaint, or you are thrown by the other side's claims and start rambling, the credibility of your statement suffers. A face-to-face confrontation interview (대질 조사) with the other party may also be scheduled; if that would be very difficult for you, tell the investigator in advance.

In complaint cases, the complainant's statement often becomes the key evidence. That is why whether your statement stays consistent from start to finish directly affects the outcome. When you are interviewed several weeks after filing the complaint, you may not remember exactly what you wrote.

The investigator may also ask about facts that were not in the complaint. Rather than stating the first memory that comes to mind as if you were certain, it is safer to say ‘I will check and submit materials.’ If a guess you make on the spot later conflicts with the materials, this time it is the complainant's statement that loses credibility.

What to do before the interview

• Reread the complaint you filed and check the dates and amounts
• Write down the rebuttals the other side is likely to make and prepare answers and materials for them
• Bring the original evidence (mobile phone, contracts, medical certificates)
• Be prepared to say you don't know when you don't remember

If some of the other side's rebuttals are true, it is better not to hide them. A statement that admits unfavorable facts first and then explains why it is still a crime holds up to the end. If a fact you hid comes out through the other side's materials, the whole complaint starts to be doubted. Interviews can run long, so keep your schedule open that day, and bring your ID, a copy of the complaint and a list of evidence.

You don't have to go alone

When a related party such as a complainant is interviewed, they can have counsel present and assisting in the same way as in the questioning of a suspect (Article 13(3) of the Investigation Rules (수사준칙)). Counsel can sit next to you, give advice and take notes. Jisan goes with clients to complainant interviews, helps with their statements and checks the direction of the investigation revealed during the interview.

If, after the interview, there are facts you left out or new materials you have found, we put them together in a written opinion and submit it. It needs to go in before the police reach a conclusion to be taken into account. The approach to reading and signing the record of statements is no different from that for suspects.

Ask for corrections wherever something is written differently from what you said. A complaint does not end on the day you file it. Until the case reaches a conclusion, the complainant remains a party to that case.