Applying to have a lawyer present at questioning

If you only mention a lawyer verbally on the day of questioning, the schedule can easily get tangled. Prepare in advance in the order below.

• Confirm the date and time of questioning, the police station and the investigator in charge.
• Choose the lawyer who will go with you and prepare a letter of appointment of counsel (변호인 선임서).
• Submit the letter of appointment and the application for counsel's participation (변호인 참여 신청서) to the investigator before the questioning (Police Investigation Rules (경찰수사규칙) Article 12(2)). The lawyer usually submits them directly.
• Match the questioning date with the lawyer's schedule. If you have a lawyer, the investigator must also agree the date and time with the lawyer (Investigation Rules (수사준칙) Article 19(2)).

Not only the suspect but also the lawyer, a legal representative, the spouse, lineal relatives and siblings can apply. Once an application is made, the investigator must allow the lawyer to take part in the questioning unless there is a valid reason not to (Criminal Procedure Act (형사소송법) Article 243-2(1)). Family members often apply when the suspect has been arrested and is hard to reach.

A lawyer cannot be kept out on the grounds that it is just an informal interview rather than a suspect interview, and the same principle applies when questioning or interviewing others involved in the case, such as witnesses (Investigation Rules Article 13(2) and (3)).

The lawyer sits where they can actually help, such as next to the suspect, and may take notes for legal advice and consultation (Investigation Rules Article 13(1)). After questioning, the lawyer can read the record and give an opinion orally or in writing, and can also give an opinion during questioning with permission. The lawyer can object to improper questioning methods without permission, and opinions and objections are written into the record (Article 14). A record containing the lawyer's opinion is also read and signed by the lawyer. If there are two or more lawyers, the suspect chooses one to take part in the questioning (Criminal Procedure Act Article 243-2(2) and (4)).

• If a question is unclear, talk to your lawyer before answering.
• If the same question is repeated or you are being pushed toward an answer, the lawyer objects.
• You and your lawyer decide together, on the spot, whether to decline to answer a question.
• You check the wording together when reading the record.

An investigator may restrict a lawyer's participation during questioning only when there is a concrete risk that the lawyer's presence will lead to evidence being destroyed or fabricated, or when it would seriously hinder the investigation, for example by obstructing questioning or leaking investigation secrets. In that case, the investigator must explain the reason, give a chance to respond and to bring in another lawyer, and must let the lawyer back in once the reason no longer applies (Police Investigation Rules Article 13).

If you disagree with a decision on the lawyer's participation, you can ask the court to cancel or change it (Criminal Procedure Act Article 417, quasi-appeal (준항고)). Matters concerning participation and restriction must be written into the record (Article 243-2(5)).

From October 2, 2026, prosecutors no longer question suspects directly, but when they hear a suspect's views to decide whether to indict, they must allow the lawyer's assistance, including letting the lawyer take part (Criminal Procedure Act Article 245-13(5)). The same applies when a prosecutor meets the suspect to review a detention warrant (구속영장) requested by the police (Article 201(8)).

We submit the letter of appointment and the application for participation and arrange the schedule with the investigator. Before questioning, we practise likely questions with you; in the interview room, we sit beside you, raise objections right away to leading or improper questions, and make sure they are written into the record. We also attend questioning while you are under arrest. If a questioning date has been set, let us know through the chat on this page.