Criminal Law Center · Guides by situation
When you don't know where to start
Start with the guide closest to your situation. Each one explains, in order, what to do first and what to avoid.
Investigation stage
- When the police ask you to appear for questioningIf you got a call or text asking you to appear, there are set things to do before the questioning date. Here, in order, is what to do today, what not to do, the rights you have in the interview room and what to check before you sign the record.
- After police questioning: waiting for the outcomeEven after questioning ends, the case is only closed once the police decide whether to refer it and the prosecutor decides whether to indict. Here is what to do while you wait, and a step-by-step outline of the procedure as changed in October 2026.
- When your home or office is searchedWhen investigators show up in the morning with a warrant, your mind goes blank. Here is what to check on the spot, what not to do, and how phone forensics and getting seized items back work.
- How much should a settlement be?There is no fixed going rate for a settlement in a criminal case. Here is what is weighed when setting the amount, how to write a settlement agreement and a statement of non-punishment, and what you can do if the victim refuses to settle.
- I want to postpone my questioning dateIf the questioning date clashes with a business trip, an exam or a hospital appointment, or you need more time to prepare, you can change it. Here is how to request a postponement, the rules behind it, and what happens if you simply do not show up.
- Reviewing and correcting the interrogation record, and refusing to signWhen questioning ends, the investigator shows you the record and asks you to read and sign it. Here is how to read it, how to correct anything written differently, and what to do if it still is not corrected.
- Applying to have a lawyer present at questioningFor a lawyer to go into a suspect interview with you, an application must be submitted before the questioning. Here is who can apply, what the lawyer can do in the interview room, and how to challenge a restriction on the lawyer's presence.
- The police want me to come in as a witnessIf you were asked to come in for questioning as a witness rather than a suspect, as a rule it is up to you whether to appear and whether to make a statement. Here is why you still should not take it lightly, and what to check before the questioning.
- Attending phone forensics and the data selection processIf your phone was seized under a warrant or you handed it over voluntarily, the police will run a forensic analysis at the station. Here is the order in which the analysis proceeds, how to apply to attend, and what to check while you are there.
- I received a notice of a travel banIf you received a travel ban notice during an investigation, or were stopped from leaving at the airport, first find out why and until when. Here are the periods of a travel ban for investigation purposes, how to object, and how to ask for it to be lifted.
- After the case goes to the Public Prosecution Service (supplementary investigation requests after referral)Once you get a text saying the police have referred your case, a prosecutor at the Public Prosecution Service decides whether to indict. Here is what the prosecutor does under the procedure changed on October 2, 2026, and what to prepare if the case comes back to the police through a request for supplementary investigation.
- The police did not refer my case, but the complainant objectedSometimes, just as you breathe a sigh of relief at a non-referral notice, you hear that the complainant has filed an objection. Here is how the case proceeds after an objection and what the suspect should prepare.
- A foreign national has become a suspectWhen a foreign national is investigated in Korea, procedures such as interpretation and consular notification are added, and the criminal outcome can also affect their stay. Here is what the person and their Korean family should know first.
Arrest and detention
- When a family member is arrestedWhen you hear of an arrest, it is hard to know where to start. Within 48 hours of the arrest, it is decided whether to request a detention warrant, so here is what the family should do in that time, in order.
- If you were arrested in the act or under an emergency arrestThis guide is for people who were arrested on the spot without a warrant, or who were arrested and then released. Here is what happens in the 48 hours from the moment of arrest, and what to say and what to hold back in that time.
- Preparing for the day of the pre-detention hearingWhen a detention warrant is requested, a judge meets the suspect in person and decides whether to detain them. Here, in order, is the prosecutor's meeting before the hearing, what to bring on the day, the questions asked in court and where you wait for the result.
- Visiting a detained family member and what the family should doWhen a family member is detained, visits, sending money and items, and sorting out work and household matters all come at once. Here is how visits work at police cells and detention centres, what you can send in, and what the family needs to take on.
- Review of detention and bailEven after detention, there are ways to be released. Here is how a review of the legality of detention, requested before indictment, differs from bail, requested after indictment, who can request them and when, and what to prepare.
Trial and verdict
- When you receive an indictmentIf the court has sent you a copy of the indictment, your trial has started. Here, in order, is the written opinion due within 7 days, reviewing the record, what happens at the first hearing and the deadline to appeal after sentencing.
- When you receive a summary order imposing a fineIf the court has sent you a summary order, you need to decide within 7 days whether to request a formal trial. Here is what changes if you do, and when and how to pay the fine.
- Court-appointed or privately hired lawyer: what is the difference?If a notice about a court-appointed lawyer arrived with your indictment, you need to decide how you will be represented. Here is when a court-appointed lawyer is assigned, how to request one, and what to consider if you are thinking of hiring your own lawyer.
- Preparing your views on evidence and your witnesses before the first hearingAt the first hearing, you must say whether you consent to each piece of evidence the prosecutor submitted, and that choice sets the length of the trial. Here is how to decide your views on evidence once you have the record, and the steps for preparing your own witnesses.
- How to prepare a letter of remorse, petitions and sentencing materialsIn a trial where you admit the charged facts, the materials used to decide the sentence drive the outcome. Here, in order, is what a letter of remorse should include, whom to ask for a petition, and when and how to submit them.
- Considering an appeal after the first-instance judgmentYou have 7 days from the date of sentencing to appeal. That period often runs out before you even receive the written judgment, so you need to act from the day of sentencing. Here is the notice of appeal, the statement of reasons for appeal, and whether the sentence can become heavier.
After the outcome
- When a suspended sentence comes with probation, community service or a mandatory courseIf the order in a judgment imposing a suspended sentence includes probation, community service or a mandatory course, there are separate things to do once the judgment becomes final. Here are the reporting deadline, the conditions you must follow and what happens if you breach them.
- When you cannot afford to pay a fineA fine must be paid within 30 days of becoming final, and if it is never paid, you may be confined in a workhouse. Here is how the workhouse period is set, and the order in which paying in instalments and applying for community service work.
- How long does a criminal record last?Whether it is a fine or a suspended sentence, a record remains once the sentence is final. Here, in turn, is what records remain and where, what changes when a sentence expires, and whether companies or other people can see it.
- When a public official, teacher or soldier is caught up in a criminal caseWhen a public official comes under investigation, their agency is notified, and disciplinary proceedings move separately from the criminal outcome. Here is which sentences lead to automatic dismissal, and when suspension from duty and disciplinary action become an issue.
Victims and complaints
- When you have been harmed and want to file a criminal complaintIf you have decided to file a criminal complaint, some things have changed, starting with where and how you submit it. Based on the amended Criminal Procedure Act in force from October 2, 2026, here is everything from organising evidence and filing to notice of the outcome and how to challenge it.
- When you are accused of fraud for not repaying a loanBorrowing money and failing to repay it is not always fraud. Here is what investigators base their decision on, what to gather before questioning and what to be careful about during it, and what happens if you repay.
- Checking progress and viewing records after filing a complaintAfter you file a criminal complaint, there can be long, frustrating stretches without any news. Here is how to check how far the case has gone, and what records a victim can see at each stage.
- How to apply for a compensation order in a criminal trialOnce the offender has been indicted, you can seek compensation for your losses in the criminal trial itself, without a separate civil lawsuit. Here are the cases and deadlines for applying, when applications are dismissed and what your options are afterwards.
- When you are notified that the offender has made a criminal depositIf you refused to settle and then receive a court document saying a deposit has been made, it is easy to be thrown. A deposit is not a settlement, and there are separate things to consider about how to state your views as the victim and whether to accept the money.
- What to watch for when signing a settlement as the victimIf the offender's side has sent you a settlement form, read the wording before you sign. From the victim's side, here is what a non-punishment sentence does, the order in which to receive the money, and what a sentence ending civil claims too really means.
- Support available when you are a victim of crimeIf you were injured or lost a family member because of a crime and cannot get compensation from the offender, there is a system under which the state pays relief. Here are the requirements and deadlines for crime victim relief, and where to get help with medical costs, psychological support and legal support.
Situations by offense
- When you are caught drink-drivingIf you are caught in a drink-driving check, criminal punishment and action on your licence proceed separately. Here are the statutory penalties by blood alcohol level, heavier penalties for repeat offenses, refusing a test, how long until you can get a licence again, and the materials to prepare before questioning.
- When you are reported for assaultWhen an argument ends in shoving or an exchange of punches, both people are often booked. Here is the difference between assault and bodily injury, why self-defense is rarely accepted, when to settle and how to prepare for questioning.
- I've been accused of insult over something I said in a group chatWhen a single remark in a group chat brings a call from the police, your first worry is whether you will end up with a criminal record. Here, in order, is whether the offense of insult actually applies, and when and how to settle.
- I want to file a counter-complaint for false accusationAfter being wrongly accused and cleared, you may want the other person punished for false accusation. Here is why being cleared is not enough on its own to establish false accusation, and the steps for preparing a counter-complaint.
- I got into a physical struggle with a police officerBeing arrested for obstructing official duties after pushing a police officer who came to the scene, or shaking off their grip, is more common than you might think. Here is what to do first after release and what is taken into account in the outcome.
- I've been accused of defamation over a review I postedMore and more often, people who post a review of something they experienced are accused of defamation by the business or the other person. Here is why you can be accused even when you wrote the truth, and what to prepare to clear yourself.
- Can I use a secret recording as evidence?Many people have made, or are thinking of making, recordings to prove verbal abuse, an affair or mistreatment. Here is which recordings count as evidence, which can actually get you punished, and what to do if you have already recorded something.
- When you are reported for stalkingWhen a stalking report is made, measures such as a ban on approaching or contacting the person are often imposed before any questioning. Here, in order, is what to comply with and what to prepare from the day you receive the decision.
- When the police came because of domestic violenceWhen the police are called over a fight between spouses or family members, you may be barred from going home from that very night. Here is what you must comply with after the police leave, and what procedures follow.
- When the police contact you after you left an accident sceneMany people drive off after a minor collision thinking it was nothing, only to be asked by the police a few days later to come in. The offense that applies, and how to respond, differ greatly depending on whether someone was injured or only property was damaged.
- When you are reported for child abuseWhether it is a parent's discipline or guidance at a daycare centre or school, once a child abuse report is made, an investigation by the district office and a police investigation start almost at the same time. Here is what to do, and what to avoid, in the first few days.
- When you are reported for road rageIf the other driver submits dashcam footage after a dispute on the road, the police get in touch a few weeks later. Retaliatory driving is dealt with as offenses such as special intimidation under the Criminal Act and may not end lightly, so start by securing footage and setting out what happened.
- When the police contact you as a voice phishing cash courierIf you collected and passed on cash thinking it was a part-time job, and the police then contacted you about a voice phishing case, what you protect and gather before your first questioning greatly affects the outcome. Here it is, in order.
- When your company says it will file an embezzlement complaintIf your company is raising embezzlement, demanding a signed pledge or repayment, or telling you it will file a criminal complaint, confirm the amount before you sign or send any money. Here is what to do before and after a complaint.
- When you are accused of fraud over a second-hand saleIf you have been accused because you took payment in a second-hand sale and did not send the item, how to respond depends on whether there is one case or several. Here is what to do now, what not to do and the order for repaying buyers.
- When your account is frozen after lending it to someoneIf you sent your debit card or lent your bank account to get a loan, and suddenly receive a text saying payments are suspended and a call from the police, you need to deal with both the risk of punishment and restrictions on financial transactions.
- When the police contact you about theft from an unstaffed shop or supermarketIf the police have contacted you about items you did not pay for at an unstaffed shop or supermarket, you have usually already been identified from footage and payment records. Here is the order in which to get the facts straight and compensate the shop.
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