81 questions, grouped by topic

You can adjust the date and time by discussing it with the investigator. Rather than rushing, it is safer to find out what you are accused of and decide how to give your statement before you go. A lawyer can sit in on the questioning of a suspect (Criminal Procedure Act Article 243-2).

A suspect has the right to remain silent. You can refuse to answer all or some questions, and you cannot be disadvantaged for doing so (Criminal Procedure Act Article 244-3). In some cases, though, it is better to explain actively, so we decide how much to say after reviewing the materials before questioning.

Whether to request a detention warrant is decided within 48 hours of the arrest. A lawyer can visit right after the arrest, so contact us immediately. If a warrant is requested, a judge questions the suspect in person (Criminal Procedure Act Article 201-2), and we prepare a written opinion and documents on residence, work and family for that hearing. You can send us a message through the chat on this page at any time, including weekends and public holidays.

Once the case is referred, the prosecutor decides whether to indict. From October 2, 2026, the Prosecutors' Office is abolished and prosecutors at the Public Prosecution Service handle indictments. Prosecutors do not investigate directly, and if more is needed, they request supplementary investigation by the police (Criminal Procedure Act Article 197-2). Before the indictment decision, we can submit a defense written opinion to seek a decision of no charge due to lack of suspicion (혐의없음) or a suspended indictment (기소유예).

Being accused does not mean you will be detained right away. A judge orders detention when there is substantial reason to suspect you committed a crime and you have no fixed residence, or there is a risk you will destroy evidence or flee (Criminal Procedure Act Articles 70 and 201). In embezzlement cases, the first issues are whether the money was held for the company and whether you spent it within your authority. The amount of loss and whether it was repaid greatly affect the outcome.

The key is whether you intended and were able to repay when you borrowed. If you could not repay because things got worse after borrowing, it may not be fraud. The judgment is based on the time you borrowed, so organize your income and assets at that time, your repayment history and the messages you exchanged, in time order.

It depends on the offense. For crimes that cannot be punished if the victim does not want punishment (반의사불벌죄), such as assault, threats and defamation, a settlement can end the case. For crimes such as injury, fraud and embezzlement, you can be punished even after a settlement, but it counts in your favor when the decision and sentence are set. The timing and method of the settlement also affect the outcome. If it is hard to contact the victim yourself, Jisan Law handles settlement contact on your behalf.

Under the Attorney-at-Law Act, lawyers must keep secret what they learn in the course of their work (Attorney-at-Law Act Article 26). We do not disclose the fact or content of a consultation without the client's consent.

The request to appear (출석요구서) states the gist of the alleged facts, and if you were contacted by phone or text, you can ask the investigator in charge what you are accused of. In many cases you cannot see the full criminal complaint before questioning, so we prepare likely questions based on the allegations you were told.

Rather than replying to the number in the text, call the police station's main number and confirm that the investigator and the case are real. Investigators do not ask for money transfers or account details over the phone.

Yes. We first check how your statement was recorded, then fill in anything missing or misunderstood with an additional statement or a written opinion. If the decision on referral or indictment has not yet been made, there is still room to affect it.

If the request comes without a warrant, you can decide for yourself whether to hand it over. Items handed over voluntarily can be seized without a warrant (Criminal Procedure Act (형사소송법) Article 218), so talk with a lawyer before handing it over about whether you can submit only what is needed.

You don't have to answer on the phone right away. The call can be written up in an investigation report, and if you answer from memory without your materials, it is easy to get dates or amounts wrong. Say you will explain the details when you come in, and just set a date.

You must make your own statement. The lawyer can sit next to you, give legal advice and take notes, object on the spot to improper questioning methods, and give an opinion when questioning ends (Criminal Procedure Act Article 243-2; Investigation Rules (수사준칙) Articles 13 and 14).

Before you sign, you can ask for corrections or state an objection, and the investigator must write this in the statement record (Criminal Procedure Act Article 244). If it is not corrected, talk with your lawyer before signing. If you have already signed, we put together the points to correct and submit them as an additional statement or written opinion.

In a case under investigation, you can apply to inspect and copy the parts containing your own statement and the documents you submitted (Investigation Rules Article 69(1)). If you apply right after questioning, you can check the exact wording when writing a written opinion.

If, considering age and other factors, emotional stability and smooth communication are needed, a person in a relationship of trust such as a parent can sit in (Criminal Procedure Act Article 244-5; Investigation Rules Article 24). Ask the investigator before questioning. A lawyer can also take part.

If it is a request for voluntary submission, you can decide whether to hand it over, but if a seizure warrant is issued, it can be taken by force. Before handing it over, copy the original and check first what scenes it contains.

If conduct during educational activities is reported, the superintendent of education with jurisdiction can submit an opinion, which is filed in the investigation records for reference. Any written account you submit to the school and the education office must be consistent with your statements to investigators.

Petitions (탄원서) are not required, and a larger number does not change the result. The judge looks at whether the person has a fixed residence and whether there is a risk of destroying evidence or fleeing. A letter from the family with specific commitments to take care of the person's daily life and court appearances, along with residence and work documents, is better than many pro forma petitions.

Before indictment, detention is 10 days with the police and 10 days with the prosecutor, extendable once by up to 10 days with a judge's permission (Criminal Procedure Act Articles 202, 203 and 205). After indictment, the detention period is 2 months and can be renewed twice for 2 months each at each level of trial (Article 92). The person may be released in the meantime through a review of the legality of detention (구속적부심사) or bail (보석).

The court can allow the deposit to be replaced with a surety bond submitted by someone other than the defendant (Criminal Procedure Act Article 100(3)). Besides the deposit, conditions such as residence restrictions, a pledge to appear and a ban on approaching the victim may also be attached (Article 98).

Yes, and in principle the contents are not censored. However, letters can be inspected if there is a censorship decision under the law or content suspected of violating criminal laws, and sending or receiving can be banned if the content raises concerns about destroying evidence (Administration and Treatment of Correctional Institution Inmates Act (형의 집행 및 수용자의 처우에 관한 법률) Article 43). Don't write about the case or the victim.

A person released after an emergency arrest because a detention warrant was not requested or not issued cannot be arrested again for the same alleged crime without a warrant (Criminal Procedure Act Article 200-4(3)). They can be arrested if the court issues an arrest warrant, so it is important to respond properly to requests to appear even after release.

A detained person can receive medical treatment from a doctor, and the lawyer can have a doctor examine them (Criminal Procedure Act Articles 34 and 89). If there is substantial reason, such as a serious illness, the court can suspend the execution of detention on condition of entrusting the person to family or others or restricting residence (Article 101(1) and Article 209). First gather medical certificates and medical records.

If a detention warrant is not requested within 48 hours of the arrest, you must be released. If a detention warrant is requested, at the pre-detention hearing (영장실질심사) we explain that there are no grounds for detention, pointing to your residence, work, family relationships and plan to prevent reoffending.

No. From October 2, 2026, prosecutors belong to the Public Prosecution Service (공소청) and handle indictments; they do not investigate directly. Investigations are handled by investigating agencies such as the police, and prosecutors decide on indictment by reviewing the referred records, requesting supplementary investigation or hearing views when needed.

It means the prosecutor sees something more to check before deciding whether to indict. The police must carry out the supplementary investigation and send the results to the prosecutor within 1 month of receiving the request (Criminal Procedure Act Article 197-2(4)). You may be contacted for more questioning, so find out what is being supplemented and prepare materials on that point.

It is not too late if the prosecutor has not yet made a decision. Submit the settlement agreement and the statement that the victim does not want punishment (처벌불원서) to the Public Prosecution Service office handling the case. For crimes that cannot be punished against the victim's wishes (반의사불벌죄), the case ends with no right to prosecute (공소권없음); for other crimes, it is taken into account in deciding on a suspended indictment (기소유예) or a summary order (약식명령). If you have already been indicted, submit it to the court.

A suspended indictment is a decision without a trial, so it does not appear in your criminal record (범죄경력자료). It does remain in your investigation history records (수사경력자료), and it is deleted 5 or 10 years after the decision depending on the statutory penalty (Act on the Lapse of Criminal Sentences (형의 실효 등에 관한 법률) Article 8-2(2)). If you were a juvenile at the time of the decision, it is 3 years from the decision (Article 8-2(3)). These records can be checked only in cases set by law.

If the complainant or victim files an objection, the case is referred to the prosecutor. For cases notified on or after October 2, 2026, the objection must be filed within 3 months of receiving the notice (Criminal Procedure Act Article 245-7). The prosecutor may also request reinvestigation if they find the decision not to refer (불송치) unlawful or unjust, so keep your materials.

No news does not mean the case is over. Often the police are waiting to question others involved or for replies to information requests. For complaint cases filed on or after October 2, 2026, the police must decide whether to refer within 3 months of accepting the complaint (Criminal Procedure Act Article 238). If you want to know, ask the investigator in charge once what stage it is at.

The prosecutor decides whether to send it as a domestic protection case (가정보호사건), considering the nature, motive and result of the case and the offender's character and conduct, and must respect the victim's wishes. The suspect cannot choose, but can submit an opinion and materials showing that a domestic protection case is appropriate.

A fine is also a punishment imposed by a final guilty judgment or summary order, so it remains as a criminal record. If you received a summary order and there are facts or amounts to dispute, consider within 7 days of being notified whether to request a formal trial.

If, during the suspension period, you receive a final sentence of imprisonment without labor or heavier for an intentional crime, the suspended sentence (집행유예) loses effect and you also serve the earlier sentence (Criminal Act (형법) Article 63). If the new case ends in a fine, the earlier suspended sentence does not lapse. However, in principle you cannot receive another suspended sentence for a crime committed during the suspension period (Criminal Act Article 62(1), proviso). This is possible only if the earlier suspension period ended without lapse or cancellation before the new judgment (Supreme Court Decision 2006도6196, February 8, 2007). So first calculate how much of the suspension period is left, and focus from the start of the new case on lowering the level of the outcome.

The court appoints one on its own when, for example, the defendant is detained, is a minor or is 70 or older, or is indicted for an offense carrying a minimum of 3 years' imprisonment (Criminal Procedure Act Article 33(1)). In other cases, one is appointed on request if you cannot hire a lawyer because of poverty or similar reasons. A court-appointed defense counsel (국선변호인) is not appointed for ordinary police questioning, but for the pre-detention hearing and the review of the legality of arrest or detention, the court appoints one if there is no lawyer (Articles 201-2(8) and 214-2(10)).

A summary order (약식명령) can impose only a fine, a petty fine or confiscation, so a crime with no fine in its statutory penalty cannot end with a summary order. If you are indicted, you will face a formal trial, so it is important to dispute the charge and the outcome at the investigation stage.

When the court imposes imprisonment of 1 year or less, suspension of qualifications or a fine, and there are clear signs of remorse, it can defer pronouncing the sentence itself (선고유예). This is not available if you have a prior record of suspension of qualifications or a heavier sentence (Criminal Act Article 59). Once 2 years pass from the date of the suspended sentencing, the case is deemed dismissed (면소) (Article 60).

If the suspension period passes without lapse or cancellation, the sentence loses effect (Criminal Act Article 65), and it is also removed from the criminal record certificate you request about yourself (Enforcement Decree of the Act on the Lapse of Criminal Sentences Article 7-2). However, it remains in investigative agencies' records and can be checked for purposes set by law, and for appointment as a public official, the disqualification lifts only 2 years after the suspension period ends (State Public Officials Act Article 33, item 4).

Apply for a certified copy of the judgment to the court that pronounced it and pay the fee (Criminal Procedure Act Article 45). The 7-day appeal period runs from the date of sentencing, not the date you receive the judgment, so don't miss it while waiting for the judgment.

Ask the investigator in charge to pass on to the victim that you want to settle. If the victim agrees, the investigator will give you their contact details or put you in touch. Do not try to find the victim's address and visit them. After indictment, you can make a criminal deposit (형사공탁) even without the victim's personal details (Deposit Act (공탁법) Article 5-2).

The special rule allowing a criminal deposit without the victim's personal details is for defendants who have been indicted and are on trial, and the deposit is made at the deposit office where the court handling the case is located (Deposit Act Article 5-2). This method is hard to use during the investigation stage, so attempts to settle through the investigator, and records of those attempts, matter more.

For crimes that cannot be punished if the victim does not want punishment, such as assault and threats, and crimes that can be punished only on a complaint, the case ends with no right to prosecute. For other crimes, the investigation continues even after withdrawal, but it counts in your favor in the decision and sentence. A complaint can be withdrawn until the first-instance judgment is pronounced, and once withdrawn it cannot be filed again (Criminal Procedure Act Article 232).

During a no-approach or no-contact period, even passing on that you want to settle directly can be a violation. First consider doing it through a lawyer or telling the investigators that you want to settle. Once Jisan Law is appointed, we handle settlement contact with the victim's side on your behalf.

Settling itself is not a problem, but check the terms. Decide whether they are also asking for a statement that you do not want punishment, and if payment is in installments, whether you will sign it only after receiving the full amount. For crimes that cannot be punished against the victim's wishes, such as assault and threats, once you state that you do not want punishment, you cannot later ask for punishment again.

From October 2, 2026, complaints are made to a judicial police officer (Criminal Procedure Act Article 237). The Public Prosecution Service does not accept complaints, so file it at the police station with jurisdiction over the other party's address or the place where it happened, and get a receipt.

If more than 6 months have passed since the investigation began with no real investigation and no good reason, you can raise an objection with the head of the investigating agency. Within 14 days, they must tell you what action they will take, such as replacing the investigator or setting an investigation plan, and if there is no action or you disagree, you can request a review by the higher agency within 14 days (Criminal Procedure Act Article 245-11). This applies to cases where the investigation began on or after October 2, 2026.

To prepare an objection, you can apply to the police or prosecutor to inspect and copy the investigation records, and if found necessary, all or part must be allowed (Criminal Procedure Act Article 245-12). Access may be limited for reasons such as concerns about invading privacy. If you were notified on or after October 2, 2026, the 3-month deadline for an objection keeps running, so don't miss it while waiting for the records.

Within 30 days of receiving notice of non-indictment, the complainant can appeal (항고) to the head of the regional public prosecution office through the district public prosecution office the prosecutor belongs to (Public Prosecution Service Act (공소청법) Article 57). If the appeal is dismissed, you can file an application for a ruling (재정신청) with the high court within 10 days of receiving notice of the dismissal (Criminal Procedure Act Article 260).

If the victim requests it, the prosecutor must notify them of whether the case was indicted, the date, time and place of trial hearings, the outcome of the trial, and whether the offender was detained or released (Criminal Procedure Act Article 259-2). Request notification from the Public Prosecution Service office handling the case, and once the trial begins, you can also apply to inspect and copy the trial records.

If there is concern that the victim will be very anxious, the court can let a person in a relationship of trust sit next to them (Criminal Procedure Act Article 163-2), and if facing the offender is likely to cause serious psychological distress, it can set up a screen or examine the witness through a video link (Article 165-2). If privacy or personal safety needs protecting, you can also request a closed hearing (Article 294-3). Ask the prosecutor or the court in advance before you appear.

Before deciding whether to indict, the prosecutor has sent the case to the Criminal Mediation Committee to try to resolve the dispute between the parties through mediation (형사조정) (Crime Victim Protection Act (범죄피해자 보호법) Article 41). In mediation you can discuss terms for making up for the harm, and you don't have to agree if the terms don't work for you. The prosecutor can take the mediation outcome into account in the decision (Article 45(4)).

If a victim of a sexual crime has no lawyer, the prosecutor can appoint a state-appointed lawyer for victims (국선변호사), and must do so for victims under 19 and certain others (Act on Special Cases Concerning the Punishment of Sexual Crimes (성폭력범죄의 처벌 등에 관한 특례법) Article 27(6)). Victims of other crimes can check whether they qualify for legal counseling and aid from the Korea Legal Aid Corporation (대한법률구조공단, 132). Separately from a state-appointed lawyer, victims can also hire their own lawyer, and Jisan Law, as the lawyer the victim hires, handles everything from writing the criminal complaint to presenting the victim's views at trial.

The work involved depends on the type of case, its stage and the issues to be disputed, so we explain fees after the consultation. We first hear about your case in the consultation, then tell you what work we would take on along with the fee.

Yes. In the consultation, we first lay out what you should and should not do at this stage. You can decide whether to hire us after hearing that.

Consultations are available at our main office in Seoul and our branch offices in Incheon, Hongseong and Songpa. Tell us where the police station is and when the questioning is scheduled, and we will set the dates for mock questioning and sitting in during the consultation.

You can send us a message through the chat on this page at any time, including weekends and public holidays. If the matter is urgent, such as an arrest or a search and seizure, message us at any hour.

Yes. We fit the remaining time to cover the questions you must be ready for and how to answer them. If we judge that you are not prepared enough, we also consider adjusting the date and time with the investigator (Investigation Rules Article 19).

The managing partner consults with you in person. It is not handed off after an office manager or associate lawyer hears you first, so we can set the direction of the case right away based on what we hear in the consultation.

If you publicly state facts that damage another person's reputation, you can be punished even if they are true (Criminal Act Article 307(1)). However, if the facts are true and stated solely in the public interest, it is not punished, so put together, with supporting materials, why you wrote or said it.

There is no set standard for settlement amounts in insult cases. If publicity or identifiability is in dispute, first check whether the crime is made out before settling, and even if you settle, send the money at the same time as you receive the written withdrawal of the complaint.

You can file a complaint without knowing the author, and investigators will request data from the platform to identify them. Save the post URLs, posting times and screenshots, and keep in mind that it may be hard to obtain data from overseas platforms.

If you recorded verbal abuse that you heard as a party to the conversation, it does not violate the Protection of Communications Secrets Act and can be submitted as evidence. Leave out any parts that recorded conversations only among other employees.

If the coworker passed on information learned through their work, they may face up to 5 years' imprisonment or a fine of up to KRW 50 million under Article 71 of the Personal Information Protection Act. If it was information learned privately and unrelated to work, whether another law applies must be considered separately.

In principle, correcting it is to your advantage. Harboring an offender (범인도피) is not punished when done by a relative or a family member living with the offender for that person's sake, but the family member who asked you to do it can be charged with instigating it, so first get advice on how to correct your statement.

If you testified as you remembered, it is not perjury even if it turned out to be wrong. If you knowingly said something different, the sentence is reduced or waived if you confess or turn yourself in before that trial's judgment becomes final, so it is better to act quickly.

Depending on the results of the election commission's inquiry, it may lead to a criminal accusation or a referral for investigation, so your first statement matters. Organize materials on the date and time of the event or meal, who attended and who paid, and then attend.

Obstruction of the performance of official duties (공무집행방해) does not end even if the officer does not want punishment. However, an apology and the officer's wish not to punish count in your favor when deciding the outcome, such as a suspended indictment (기소유예).

You can refuse voluntary accompaniment (임의동행) without a warrant, and even if you go, you can leave partway or walk out of the place at any time. The police must tell you this when asking you to come along (Investigation Rules (수사준칙) Article 20). An arrest in the act or an emergency arrest is different, as it is a compulsory procedure, so first ask what they are doing right now.

From October 2, 2026, to decide whether to indict, prosecutors can hear a suspect's views in person, by video or by phone (Criminal Procedure Act (형사소송법) Article 245-13; Investigation Rules Article 65-3). They must inform you of your right to remain silent and your right to a lawyer, and a lawyer can take part. Statements made here cannot be used as evidence at trial but do become material for the indictment decision, so rather than answering right away, set a date and respond after preparing.

Yes. When questioning runs long, a break of at least 10 minutes must be given every 2 hours unless there are special circumstances, and if the suspect or lawyer asks for a break, one must be given considering how long questioning has gone on and the suspect's health. If something is wrong physically, the suspect must be allowed to see a doctor or rest (Investigation Rules Article 23).

Unlicensed driving and drunk driving are separate crimes and are punished together, and if there was an accident, both fall under the exceptions in the Act on Special Cases Concerning the Settlement of Traffic Accidents (교통사고처리 특례법). The period before you can get a license again also becomes longer.

A settlement weighs heavily in the decision and sentence, but you don't have to accept an unreasonable amount. Check what your driver's insurance covers, and if settlement is difficult, consider showing your willingness to make up for the harm through a criminal deposit (형사공탁).

Voice phishing rings sometimes send victims' money to an unrelated account to get it frozen, then demand money in exchange for unfreezing it. Even if someone contacts you, do not send money. Tell the bank what happened, and look into the objection procedure where you show, with documents, that your account was not used for fraud.

Spending money sent to you by mistake instead of returning it can be embezzlement (Supreme Court Decision 2010도891, December 9, 2010). If the bank or the sender asks for it back, return it right away, and if you have already spent it, make a repayment plan and contact them.

It depends on the maximum statutory penalty. Fraud, computer fraud, occupational embezzlement, extortion and nighttime burglary are 10 years; theft, simple embezzlement and stolen goods are 7 years; and embezzlement of lost property, property damage and gambling under the Criminal Act are 5 years (Criminal Procedure Act Article 249). If the gain is KRW 500 million or more, the Specific Economic Crimes Act applies and the period changes.

With the amendment to the Criminal Act on December 31, 2025, theft, fraud, embezzlement and similar crimes between family members are no longer exempt from punishment and can be punished if the victim files a complaint. The complaint must be filed within 6 months of learning who the offender is, and this special rule may not apply where a financial institution is seen as the victim, as with bank transfers.

Deposit records alone are not enough; it must be shown that you actually bet money and gambled. Investigators match account records with the site server's betting and cash-out records, so check how far your records go before giving a statement.

Whatever you settle is reflected in the decision and sentence. However, each victim is assessed separately, so the part involving victims you did not settle with remains. For victims you cannot reach or find it hard to settle with, it is a good idea to consider a criminal deposit (형사공탁) to come as close as possible to making up for all the harm.

Items used or intended for use in a crime can be confiscated if they belong to the offender, and if they cannot be confiscated, their value can be collected instead (Criminal Act (형법) Article 48). Confiscation is decided by the court, so you can dispute how closely the item was related to the crime.

That is possible. However, so that repayment is not read as admitting wrongdoing, it is better to state in the settlement agreement or the transfer memo which points you dispute and what the repayment means. Decide which way to go before questioning so your statement stays steady.